Statement on FDA’s decision to ban 6,500 more vaping products from Allison Boughner, Vice President of the American Vapor Manufacturers

How many times must the FDA thumb its nose at outside audits, the federal courts, the pleas of millions of Americans, and basic human decency before its prohibition mania comes to an end? Flavored vaping products are, by far, the single most effective off-ramp for adults to quit smoking cigarettes, as independent scientific analysis has demonstrated time and again. By outlawing these products through arbitrary, unconstitutional maneuvering, the agency is not just violating the law, it is also costing the lives of ordinary Americans. 

FDA is also pouring fuel on the fire of an already booming black market that the agency has unleashed, despite multiple warnings. These latest denial orders put the lie to Center for Tobacco Products Director Brian King’s recent remarks to us that, “I have heard loud and clear that our application process is onerous and if we can do better, we should.”

Instead, the agency’s headlong regulatory negligence gets even worse, a disgraceful abandonment of the agency’s core duty to the American people, who have the fundamental right to take charge of their own health destinies. A petition was filed with the U.S. Supreme Court today over the multi-circuit litigation by vape companies against FDA, and here’s hoping the high court delivers a much-deserved rebuke to the agency’s despicable misconduct.