Sales of electronic cigarettes experienced a significant increase during the initial two years of the COVID-19 pandemic, primarily driven by the popularity of fruity and candy-flavored disposable products, according to a report released by the Centers for Disease Control and Prevention (CDC) and the advocacy organization Truth Initiative. The research revealed that e-cigarette sales rose by 46.6 percent from January 2020 to December 2022, indicating a surge from 15.5 million units to 22.7 million units. Interestingly, sales of tobacco and mint-flavored products decreased during this period, while sales of other flavors witnessed a rise.
It is worth noting that e-cigarettes often carry high concentrations of nicotine, and the United States lacks any defined limits on the nicotine content of tobacco products. The 2022 National Youth Tobacco Survey unveiled that more than 2.5 million individuals under the age of 18 use e-cigarettes, with 85 percent of them consuming flavored products. This data emphasizes the concerning situation surrounding efforts to regulate the e-cigarette market.
In January 2020, the Food and Drug Administration (FDA) prioritized enforcement against prefilled e-cigarettes in flavors other than tobacco and menthol due to their popularity among underage individuals. Surprisingly, the data showcases a shift in the market since the announcement. Sales of mint and other flavored prefilled cartridges diminished substantially, while fruit and mint-flavored disposable products experienced notable increases. As a result, disposable e-cigarettes with youth-appealing flavors have become more prevalent than prefilled units.
Matthew Myers, the president of the Campaign for Tobacco-Free Kids, emphasizes the necessity of the FDA clearing the market of all flavored e-cigarettes to address the youth e-cigarette crisis effectively. Taking action against only a portion of flavored products leads to a shift in sales and consumption patterns towards the remaining flavors.
It is important to note that the survey focused on the brands and flavors of e-cigarettes sold but did not distinguish between legal adult sales and illegal underage sales. Additionally, the data only accounted for sales from physical retailers. Over the analyzed two-year period, the number of e-cigarette brands increased by nearly 50 percent, rising from 184 to 269.
JUUL emerged as the top monthly seller in January 2020, followed by Vuse, NJOY, My Blu, and Puff. However, by December 2022, Vuse claimed the top spot, with JUUL, Elf Bar, NJOY, and Breeze Smoke following suit. Notably, Elf Bar became the leading disposable brand in the United States and significantly contributed to the surge in e-cigarette use among youth in England.
The director of the CDC’s Office on Smoking and Health, Deirdre Lawrence Kittner, highlights the crucial role of retail sales data in providing real-time information on the evolving e-cigarette landscape, which is crucial for reducing youth tobacco use.
The authority to regulate the marketing, manufacturing, and distribution of tobacco products was granted to the FDA in 2009 through the Tobacco Control Act. However, the FDA faced challenges in reviewing companies’ marketing applications for e-cigarettes and allowed all existing products to remain on the market while their manufacturers sought permission. In 2018, public health groups sued the FDA, leading to a court order for the FDA to complete the review process by September 2021. Unfortunately, the FDA missed this deadline.
In August 2021, the FDA issued its first marketing denial orders for approximately 55,000 flavored e-cigarette products, and in October 2022, it issued its first marketing denial order for a menthol-flavored, cartridge-based e-cigarette. Alongside the report’s release, the FDA announced a new crackdown on vape shops selling unauthorized disposable vapes, specifically targeting Elf Bar and Esco Bars products. These brands offer flavors that appeal to young individuals, such as bubblegum and cotton candy.
The FDA has sent 189 formal warning letters to vape shops as part of its efforts to address this issue. Brian King, the head of the FDA’s tobacco center, hopes that this crackdown serves as a wake-up call for retailers nationwide. It is crucial to note that the sale of Elf Bar and Esco Bars products is illegal due to a lack of FDA marketing permission. Currently, the FDA has authorized 23 tobacco-flavored e-cigarette products and devices, which are the only legally permitted e-cigarette products in the United States.
Lastly, both Esco Bars and Elf Bar products are manufactured in China, and the FDA possesses the authority to detain these products upon entry without physical examination, thanks to an import alert.
In conclusion, the surge in e-cigarette sales during the COVID-19 pandemic, driven by fruity and candy-flavored disposable products, highlights the challenges faced in regulating the market and addressing youth e-cigarette use effectively. The FDA’s actions thus far, such as prioritizing enforcement against certain flavors, have resulted in a shift in sales patterns. Retail sales data play a crucial role in understanding the evolving landscape and reducing youth tobacco use. The FDA’s attempts to regulate e-cigarettes have encountered obstacles, leading to legal battles and missed deadlines. However, the FDA has taken steps to issue marketing denial orders for flavored e-cigarette products and has recently cracked down on vape shops selling unauthorized products. Continued efforts are necessary to tackle the issue of underage e-cigarette use effectively.
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