January 5, 2024 – The 5th U.S. Circuit Court of Appeals ruling this week shows the challenges that the U.S. Food and Drug Administration faces as it regulates new tobacco and nonmedicinal nicotine products, including e-cigarettes.

While their messages to the public have too often been confusing and unclear, the FDA and the CDC maintain that e-cigarettes can benefit adult smokers who switch entirely from combustible cigarettes, which are responsible for the overwhelming majority of tobacco-related illness and death. The FDA’s Center for Tobacco Products’ mission to make decisions that are appropriate to the protection of public health remains a valuable regulatory principle, but requires more effective implementation.

Amid the mixed court decisions barring the marketing of various e-cigarette products, the agency must clarify and correctly communicate the standards it plans to uphold.