The Food and Drug Administration (FDA), which until Friday had approved only tobacco-flavored nicotine vaping products, has now officially allowed the sale of menthol-flavored NJOY Daily disposable e-cigarettes and menthol-flavored pods for the previously authorized NJOY Ace device "after extensive scientific review." The decision reflects the FDA's preference for closed, nonrefillable "electronic nicotine delivery systems" (ENDS) and its aversion to letting former smokers buy the flavors they prefer, both of which sacrifice the interests of adult consumers in the name of preventing underage use.
"Evidence submitted by the applicant showed that these menthol-flavored products provided a benefit for adults who smoke cigarettes relative to that of the applicant's previously authorized tobacco-flavored products—in terms of complete switching—that is sufficient to outweigh the risks of the product, including youth appeal," the FDA said. In this case, explained Matthew Farrelly, director of the Office of Science at the FDA's Center for Tobacco Products, "the strength of evidence of benefits to adult smokers from completely switching to a less harmful product was sufficient to outweigh the risks to youth."
