Attorney General Kris Mayes joined a bipartisan group of 21 attorneys general on May 12 in urging the U.S. Food and Drug Administration to withdraw draft guidance that would make it easier for flavored e-cigarette products to gain approval.
The coalition says that easing restrictions could increase youth nicotine addiction, as flavored products are known to appeal more to young people. “Flavored e-cigarettes are a direct pipeline to youth nicotine addiction, and the FDA’s move to ease approvals for these products is a major step in the wrong direction,” said Attorney General Mayes. “An agency shouldn’t ignore its own science to make it easier for the tobacco industry to hook a new generation on nicotine. I’m proud to stand with attorneys general across the country in calling on the FDA to reverse course and put children’s health first.”
Federal law requires all e-cigarette products be authorized by the FDA before they can be sold legally in the United States. As of early May, only 45 such products had been authorized, none with flavors other than tobacco or menthol until two fruit-flavored items were approved shortly before this statement. Despite limited authorization, hundreds of thousands of flavored varieties remain available for purchase illegally. The FDA recently announced it would not prioritize enforcement against unauthorized vapes and nicotine pouches.
In March, draft guidance from the FDA suggested some flavors like coffee, tea, spices, menthol and mint posed lower risks for youth addiction—a stance at odds with research showing young people prefer all types of flavored tobacco over unflavored options.
Attorneys general have previously taken steps against youth tobacco use. In 1998 they reached a settlement with major tobacco companies that restricted advertising practices targeting children and established ongoing payments supporting public health efforts such as those by Truth Initiative. More recently in 2022, Attorney General Mayes joined an agreement resolving investigations into JUUL Labs’ marketing practices.
The Arizona Attorney General’s Office serves as Arizona’s chief legal office with statewide responsibilities for legal and protective services; it addresses issues including elder abuse, civil rights violations, unsolved crimes through its cold case unit, federal action lawsuits participation, fair housing initiatives and accountability measures for social media companies according to the official website. Kris Mayes is Arizona’s 27th attorney general and is noted as being the first mother in this role.
