The US Food and Drug Administration (FDA) has authorized the sale of the country's best-selling e-cigarette, Vuse, but only in its tobacco-flavored versions. This decision marks a significant moment in the ongoing regulation of e-cigarettes in the United States, amidst ongoing debates over their safety and impact on public health.

The FDA's approval does not extend to Vuse's more popular menthol-flavored products. In January 2023, the agency rejected R.J. Reynolds' application for these menthol flavors, a decision the company is currently contesting in court. Meanwhile, competitor Njoy received FDA authorization last month for a menthol-flavored e-cigarette, with its brand being controlled by tobacco giant Altria.

Despite the authorization for Vuse's tobacco-flavored products, the FDA emphasized that e-cigarettes are not safe. "All tobacco products are harmful and potentially addictive," the agency stated. "Those who do not use tobacco products, especially young people, should not start."

The FDA pointed out that tobacco-flavored e-cigarettes are less appealing to youth compared to fruit- and candy-flavored products. According to the 2023 National Youth Tobacco Survey, Vuse is among the most commonly used brands by middle and high school students who vape, yet only 6.4% reported using tobacco-flavored products.

To combat youth vaping, the FDA has imposed strict marketing restrictions on Vuse products to limit youth access and exposure. Despite these measures, Vuse continues to dominate the U.S. vaping market, accounting for 40% of sales over the past year, with most sales being for its menthol products. These menthol products remain available under a court order as R.J. Reynolds challenges the FDA's ruling.

Juul Labs, once a market leader, now trails behind Vuse, holding less than a quarter of retail sales. The company has significantly reduced its marketing efforts following numerous legal settlements that blamed its sleek e-cigarettes for enticing children to nicotine addiction.

The FDA's regulatory actions have been slow, with some brands like Vuse waiting years for a decision. Meanwhile, the market is flooded with thousands of illegal fruit- and candy-flavored products from China, still sold in convenience stores and vape shops despite their prohibited status.

Last month, the FDA missed its self-imposed court deadline to complete its review of major vaping brands. While Juul's products remain under federal review, the FDA recently withdrew a 2022 order that would have removed them from the market, a decision stayed following Juul's legal challenge.

To date, the FDA has rejected over 26 million applications for vaping products, authorizing only a few to aid smokers in quitting. This latest decision continues to navigate the complex landscape of e-cigarette regulation, balancing public health concerns with market realities.