Attorney General Raoul files brief as part of ongoing efforts to combat youth vaping epidemic
Chicago – Attorney General Kwame Raoul, along with a coalition of 19 attorneys general, filed an amicus brief with the U.S. Supreme Court supporting the Food and Drug Administration’s (FDA) decision to deny certain companies the ability to market and sell their flavored vape products across state lines.
In their brief, Raoul and the attorneys general highlight the significant public health harms of flavored vape products, especially for young people, and underscore the need for continued FDA oversight to support state efforts to combat the youth vaping epidemic.
“E-cigarette use is an ongoing epidemic among youth in Illinois, and the sale of flavored vaping products contributes to the problem throughout the state and nation,” Raoul said. “I will continue to partner with advocates, lawmakers and state and federal regulators to enact policies that protect minors from e-cigarettes and other addictive tobacco products.”
Raoul and the coalition filed the brief in Food and Drug Administration v. Wages and White Lion Investments LLC, d/b/a Triton Distribution, et al., in which the Supreme Court will consider a challenge to the FDA’s denial of certain companies’ applications to market and sell flavored vape products across state lines. In January 2024, the U.S. Court of Appeals for the 5th Circuit ruled in favor of the applicants’ challenge, and the amicus brief urges the Supreme Court to reverse that decision.
In their amicus brief, Raoul and the coalition argue flavored vape products are highly addictive e-cigarettes that contain nicotine and are flavored with non-tobacco flavors that appeal to youth. Their use is linked to harmful health consequences, including an increased risk for lung cancer, DNA damage, cardiovascular disease, and are used by young people more than any other tobacco or nicotine product, including non-flavored e-cigarettes.
Despite ongoing state efforts to restrict and regulate the sale of flavored vape products, current rates of youth nicotine addiction remain concerningly high, demonstrating the importance of FDA’s continued broad authority to deny introducing flavored vapes into an already-saturated market. In a 2023 study, 89.4% of students who reported using e-cigarettes said they used flavored vape products. Another study found that youth who initially tried a flavored vape product were more likely to become regular tobacco users compared to those who initially tried a non-flavored product.
While many states have taken action to regulate sales of flavored vape products, Raoul and attorneys general argue that harmful products' flow across state lines poses a continual risk to youth across all states necessitating continued FDA oversight effectively combatting this epidemic. Under Family Smoking Prevention Tobacco Control Act's provisions FDA has authority enact regulations curb nicotine tobacco use including broad authority approve deny new tobacco products entering market currently despite state restrictions easily move especially through online retailers.
The amicus brief is part Attorney General Raoul’s ongoing work combating dramatic increase youth e-cigarette use holding manufacturers accountable epidemic usage levels among teens last year announced $462 million multistate settlement Juul Labs Inc largest manufacturers 2022 co-led bipartisan coalition calling reject marketing authorization all non-tobacco nicotine 2021 Illinois Legislature passed legislation prohibits marketing minors unauthorized entered consent decree Juice Man LLC effectively prohibits operating urged ban strengthen guidance prioritizing enforcement actions against.
For more information free resources help quit visit Illinois Tobacco Quitline website call 1-866-QUIT-YES.
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