Maryland Attorney General Anthony G. Brown has joined a bipartisan coalition of 19 attorneys general in urging the U.S. Food and Drug Administration to abandon draft guidance that would ease approvals for flavored e-cigarette products.
The attorneys general argue the proposed changes would disproportionately worsen youth addiction. Federal law requires all e-cigarette products to receive FDA authorization before they can be legally marketed or sold in the United States. To date, the FDA has authorized only 45 e-cigarette products. Until May 5, 2026, the agency had approved no flavors other than tobacco or menthol. However, just six days before the comment deadline, the FDA approved two fruit-flavored products.
Hundreds of thousands of e-cigarette varieties in multiple flavors remain available in violation of state and federal laws. On May 8, the FDA announced it would not prioritize enforcement against vapes and nicotine pouches marketed without necessary authorization.
Two months ago, on March 11, the FDA released draft guidance that would ignore years of evidence and ease the path to approval for certain flavored products. The guidance suggests flavors such as coffee, tea, spices, menthol and mint are “lower risk” for youth addiction, despite extensive research showing flavored products of all kinds are favored by youth over unflavored tobacco.
In their letter, the attorneys general urge the FDA to reconsider the draft guidance and to continue its careful scrutiny of all flavors to protect public health.
Attorneys general have long been at the forefront of efforts to curb youth addiction. In 1998, attorneys general from 52 states and territories, including Maryland, reached a landmark settlement with the four largest tobacco companies. The agreement imposed strong new restrictions on tobacco advertising and marketing practices. The companies were forced to eliminate practices that obscured tobacco’s health risks and were required to establish and fund the Truth Initiative.
In 2022, Maryland joined 33 states and territories in reaching a $434.9 million agreement with JUUL Labs, resolving a bipartisan investigation into the e-cigarette manufacturer’s marketing and sales practices. The settlement included strict injunctive terms limiting JUUL’s marketing and sales practices.
Joining Attorney General Brown in the letter are the attorneys general of California, Connecticut, Delaware, Hawai?i, Illinois, Maine, Massachusetts, Minnesota, Nebraska, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, South Dakota, Vermont and Wisconsin.
The coalition’s action comes as public health officials across Maryland continue to monitor youth vaping rates in schools and communities. Southern Maryland families in Calvert, Charles and St. Mary’s counties have expressed growing concern about flavored e-cigarette products that appeal to teenagers. Local school systems and health departments have worked to educate students and parents about the risks of nicotine addiction.
The FDA’s draft guidance has drawn criticism from public health advocates who argue it would undermine years of progress in protecting young people from vaping. The attorneys general emphasize that flavored products remain a primary driver of youth initiation into nicotine use.
The full letter and additional information on Maryland’s tobacco and vaping prevention efforts are available through the Office of the Attorney General.
