‘A real threat’: NH Attorney General pushes FDA to protect children from e-cigarette addiction

CONCORD, N.H. — New Hampshire’s Attorney General wants the U.S. Food and Drug Administration to do more to protect kids from e-cigarettes, which he calls “a real threat to our nation’s public health.”

Attorney General John Formella has joined a coalition of 33 attorneys general who are calling on the FDA and its Center for Tobacco Products to do more to protect children, including limiting the flavors of e-cigarettes that draw kids in, reducing nicotine levels to prevent addiction, and protecting young people from marketing.

“The warnings from health leaders could not be clearer - vaping and e-cigarettes represent a real threat to our nation’s public health,” Formella said in a statement. “In recent years we have seen sales surge with flavored products targeting young people. It is critical that we take whatever steps we can to protect our children and teens from vaping and e-cigarette-related disease and death.”

More than 9,000 types of e-cigarette devices are sold in the U.S., and nearly 6,000 of those are disposable devices, Formella said. Last year, 14 percent of high school students reported that they were currently using e-cigarettes. Teen nicotine consumption is linked to nicotine poisoning, mental health and behavioral problems, academic issues, and future addiction to other substances.

In a letter submitted Wednesday to the FDA responding to a request for comments on the Center’s proposed five-year strategic plan, the coalition of attorneys general urged the FDA to set up guardrails to prevent young people from getting addicted to nicotine through e-cigarettes.

The attorneys general are recommending that the FDA:

1. Prohibit all non-tobacco flavors in e-cigarettes. These flavors – mimicking fruits, candies, and desserts – are a major reason young people try e-cigarettes in the first place.

2. Enact evidence-based limits on nicotine in e-cigarettes. More than 80 percent of e-cigarettes sold have more than five percent of nicotine concentration. And because some devices last for hundreds or thousands of puffs, young people end up consuming much more nicotine.

3. Restrict marketing that attracts youth by making sure marketing materials don’t target them and preventing young people from being bombarded with ads about e-cigarettes. E-cigarette manufacturers have used social media and influencer marketing to entice teenagers.

4. Close the “disposable loophole”. Disposable e-cigarettes have not been subject to the same existing FDA enforcement guidance as cartridge e-cigarettes, and they’ve surged in popularity. More than half of youth e-cigarette users last year reported that they use disposable e-cigarettes instead of cartridge-based e-cigarettes.

The attorneys general are also asking the FDA to “promptly enforce the law against companies and sellers across the e-cigarette supply chain who are flouting federal regulations,” Formella said.

This is a developing story. Check back for updates as more information becomes available.

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