Attorney General Raúl Torrez announced on May 12 that he has joined a bipartisan group of 21 attorneys general in calling on the U.S. Food and Drug Administration to withdraw draft guidance that would make it easier for flavored e-cigarette products to gain approval. The coalition sent a letter to the FDA, expressing concern that easing these regulations could increase youth addiction rates.
The issue is significant because flavored e-cigarettes are seen as particularly appealing to young people, with public health officials warning of rising nicotine addiction among teenagers. In March, Torrez filed a lawsuit against several major convenience store chains and distributors in New Mexico, alleging they sold illegal flavored e-cigarettes targeting local youth.
“The FDA actions to ease approvals for e-cigarettes means more kids in New Mexico will become addicted to vape and e-cigs, and that is just not acceptable,” said Attorney General Raúl Torrez. “Instead of making it easier for tobacco companies to get thousands of New Mexico kids addicted to tobacco products, the FDA must adhere to science and its own best practices and reverse course on its e-cigarette guidance. We will not roll over and let Big Tobacco target New Mexico’s children.”
Federal law requires all e-cigarette products be authorized by the FDA before being legally marketed or sold in the United States. Until recently, only tobacco or menthol flavors had been approved; however, just before the comment deadline on new guidance, two fruit-flavored products were also approved by the agency. The draft guidance released two months ago suggests certain flavors like coffee, tea, spices, menthol and mint pose lower risks for youth addiction—a position challenged by research showing all types of flavored products are popular among teens.
In their letter, attorneys general urged the FDA not only to reconsider this approach but also maintain strict scrutiny over all flavor applications “to protect public health.” According to their complaint filed earlier this year against retailers such as Circle K and Alon entities in New Mexico, nearly one in five high school students reported using e-cigarettes last year—placing many at risk for lifelong nicotine dependence.
The role of state attorneys general in fighting youth tobacco use dates back decades; notably in 1998 when they reached a settlement with major tobacco companies imposing restrictions on advertising aimed at young people. Today’s efforts continue those initiatives through litigation and policy advocacy.
Torrez was joined by Connecticut Attorney General William Tong—who led this most recent letter—and counterparts from states including Arizona, California, Delaware and others across the country.
The New Mexico Attorney General serves as chief legal officer for the state while providing services across all counties; advancing justice through civil litigation; supporting law enforcement coordination; fostering trust via community outreach; protecting consumers; upholding rule of law according to the official website.
