With major personnel changes at the U. S. Department of Health and Human Services, national mist rules and legislation are in a vulnerable state. While the exit of a famous, appointed anti-vaping official is welcome information for many, many remains to be done to maintain President Trump’s renewed promise to keep flavored vaping becomes a reality.
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Despite being available in the U. S. industry for nearly two decades, e-cigarettes and smoking mist products continue to be demonized by public wellness groups, politicians, and large swaths of the people. Yet their presence has coincided with a dramatic reduction in combustible cigarette use among American adults — a far cry from the” Mad Men” era of tobacco advertising dominance. In fact, the U. S. Centers for Disease Control and Prevention ( CDC ), in a March 2025 Morbidity and Mortality Weekly Report, noted that “adult cigarette smoking prevalence remains at its lowest level in 60 years”.
While some government interventions — like targeted taxes or restrictions on public use — may have played a role, the introduction of tobacco harm reduction technology has correlated with even steeper declines in smoking rates.
Despite common rhetoric, Big Tobacco did not invent the modern e-cigarette to “hook a new generation”. The credit largely goes to Hon Lik, a Chinese pharmacist who developed the vapor product as a smoking cessation tool. Introduced to the U. S. market in 2007, e-cigarettes have since evolved — shifting from cigalikes to open systems and pod mods, and now to the latest iteration: the disposable vape.
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Until recently, most e-cigarette products were created by independent vapor companies. It wasn’t until 2012 — five years after e-cigarettes debuted in the U. S. — that a major tobacco company acquired blu, marking Big Tobacco’s first real move into the space. The FDA’s authority to regulate e-cigarettes as tobacco products, upheld by the courts, and the subsequent 2016 deeming rule changed the landscape. Only then did Big Tobacco begin releasing its own products, albeit amid regulatory ambiguity.
Before this federal crackdown, American vapor manufacturers were nimble and responsive to consumer demand. That changed in 2016, when the FDA implemented burdensome regulations requiring premarket tobacco product applications ( PMTAs ) for all new products. These rules mandated agency approval before any product could be sold — creating a bottleneck that stifled innovation.
As of April 1, only 34 vapor products have been authorized for sale in the U. S. — all owned by just three Big Tobacco companies, which also profit heavily from the ongoing sale of combustible cigarettes. Notably, the FDA continues to approve far more combustible products than their harm-reducing counterparts.
While a change in FDA leadership could have a lasting impact, the root problem lies within the 2009 Family Smoking Prevention and Tobacco Control Act (TCA ). Championed by Senator Dick Durbin (D-Ill. ) — a staunch opponent of both tobacco and vaping — the TCA imposes strict limits on adult access to reduced-risk nicotine products. Any product introduced after 2007 must navigate the complex PMTA process. In over a decade, only 76 products have cleared this regulatory hurdle — compared to thousands of combustible cigarette products.
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During Trump’s first term, FDA leadership acknowledged the promise of harm reduction. Under the Biden administration, however, that momentum has stalled. Meanwhile, international public health bodies — from Canada to the UK to New Zealand — recognize that e-cigarettes are substantially less harmful than combustible cigarettes, with some even encouraging their use among adult smokers. But in the U. S., we remain stuck in a regressive mindset, prioritizing fear over science.
This stagnation may also reflect Big Tobacco’s growing influence. With the president’s ear, the industry has spread misinformation — from overblown fears about youth vaping to sensational claims about fentanyl-laced vapes from China. State lawmakers across the country are now advancing vapor product registry bills that turn conservative policymakers into de facto enforcers of federal overreach — all at the taxpayer’s expense.
Big Tobacco, late to the vapor game, should not be barred from offering safer alternatives. But it also shouldn’t be allowed to monopolize a grassroots harm reduction movement sparked by former smokers and independent innovators. Among adults aged 25 and older who vape, most are either current or former smokers seeking a less harmful alternative. Yet thanks to outdated legislation and a federal regulatory framework that ignores real-world science and consumer behavior, these adults face growing uncertainty.
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President Trump promised to save flavored vaping. More than 20 million American adults are ready and waiting.
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