Meanwhile, recent federal data reveals fewer young people are picking up nicotine. This, of course, is great news; however, it is dampened by the fact that millions of adults are still stuck in the never-ending cycle of smoking regular cigarettes. It’s hard to overlook that contradiction. Sadly, many lawmakers are still missing the point and taking the nicotine regulation out of context.
Fifth circuit panel grills FDA over flavour restrictions
This requirement arose during the agency’s review of Premarket Tobacco Product Applications (PMTAs), leading to over a million flavoured vapes being pulled from shelves starting in 2021. Many tobacco harm reduction experts had pointed out that the agency had issued the rule without following the proper notice-and-comment process required by the Administrative Procedure Act. Moreover, the amendment completely overlooks growing evidence that flavours actually help adult smokers kick the habit.
The FDA, on the other hand, argues that flavoured products pose higher risks for youth trying them out. Because of that, they’re insisting on stronger proof of public health benefits before giving any sort of green light. This whole legal back-and-forth raises a bigger question that regulators everywhere are grappling with: should smoke-free products be mostly judged by how they might affect young people experimenting, or by their ability to help adults move away from smoking?
Youth vaping is not the issue it is made out to be
Countless studies have indicated that many regular youth vapers belong to a broader high-risk subgroup already engaged in multiple forms of substance use, including smoking, cannabis consumption, CBD vaping, and synthetic cannabinoid use.
The timing of the dispute is notable because recent federal data show a dramatically different picture of youth nicotine use than during the peak of the so-called youth vaping crisis. The FDA’s 2025 National Youth Tobacco Survey showed youth vaping rates continuing their steep decline from 2019 highs. E-cigarette use among middle and high school students has fallen to just over 5%, while youth cigarette smoking has reached historic lows.
Moreover, a growing number of researchers have highlighted that adolescent nicotine use cannot be understood in isolation. Countless studies have indicated that many regular youth vapers belong to a broader high-risk subgroup already engaged in multiple forms of substance use, including smoking, cannabis consumption, CBD vaping, and synthetic cannabinoid use.
When taxes work as unintended
When it comes to taxation, at least 15 states are looking into new taxes on vaping products and nicotine pouches, along with other smoke-free options. Just recently, Delaware floated a plan to hike cigarette taxes by over 70%, double taxes on vaping liquids, and slap a hefty tax on nicotine pouches. Supporters of these tax hikes say they’re doing it for public health reasons. But smoking cessation experts worry these will likely hurt harm reduction efforts by making it harder for people to choose lower-risk options over traditional cigarettes.
Harm reduction advocates have consistently pointed out (and rightly so) that tax policies should be based on the risk level—meaning regular cigarettes should face the heaviest taxes while smoke-free alternatives should face lesser ones. Tobacco dependence researchers highlight that if prices become too steep, consumers might start crossing state lines to find cheaper options or even go back to smoking regular cigarettes. When looking at countries that have enacted heavy taxes, a real concern is that it could backfire in unexpected ways.
The results of embracing harm reduction
Many public health experts agree that instead of trying to eliminate nicotine use completely, lawmakers should aim to help people switch from those harmful combustible products. Countries such as Sweden, where smoke-free nicotine products have largely displaced smoking, offer perhaps the clearest demonstration of what a harm reduction model can achieve. Sweden’s smoking prevalence has fallen below 5%, accompanied by some of Europe’s lowest rates of smoking-related illness.
Two strategies and the one which works
The latest developments in the United States reveal a growing tension at the heart of tobacco control. On one side are policies focused primarily on restricting nicotine use through flavour bans, product denials, and higher taxes. On the other hand, there is a harm reduction framework that prioritises reducing smoking-related disease by encouraging substitution of combustible products. The evidence increasingly suggests that these strategies yield completely different results. The latter has proven successful and the former a total failure.
As youth vaping continues to decline and the science surrounding reduced-risk nicotine products grows stronger, policymakers face a choice. They can continue treating all nicotine products as fundamentally similar, or they can acknowledge the vast difference between smoking and smoke-free alternatives. For the millions of Americans who still smoke cigarettes, that distinction would prove far more important than any debate over flavours, taxes, or regulatory procedure.
