(NEW YORK) — E-cigarettes in kid-friendly flavors are driving retail sales and contain more addictive nicotine than ever, according to a new report from the nonprofit CDC Foundation and advocacy group Truth Initiative.
The report showed a 47% increase in e-cigarette sales at U.S. retail outlets between 2019 and 2023, with flavors like fruit, candy, mint, menthol and desserts accounting for more than 80% of those sales.
Most flavored products are not authorized by the Food and Drug Administration and are therefore on the market illegally, according to Truth Initiative.
Vaping among youth is declining in the U.S., but more than 1.6 million children still vape, and nearly 90% of them report using flavored products, according to the report.
States that have implemented strong enforcement policies have seen a dramatic drop in sales. Massachusetts, for example, saw an 86% drop in overall e-cigarette sales in brick-and-mortar stores, the report said.
The proliferation of kid-friendly flavored vapes is not authorized by the FDA to be in stores, making the booming sales technically illegal — but that could change if the industry succeeds in a major case before the U.S. Supreme Court next month.
Vape makers have sued the FDA, which has blocked the sale and marketing of most flavored products, alleging the agency is stonewalling good science and common sense. They claim flavors like “Jimmy the Juice Man” and “Iced Pineapple Express” are ideal for helping adult smokers quit a cancer-causing habit.
The Supreme Court will delve into the science during arguments on Dec. 2 and decide next year whether the FDA analysis has been flawed and unfair, potentially opening the flood gates to widespread legal production and sale of flavored nicotine products.
There has been a major decline in the number of students who reported current e-cigarette use, according to federal data released last month from the Centers for Disease Control and Prevention and the U.S. Food and Drug Administration’s 2024 National Youth Tobacco Survey.
The number of users was 2.13 million in 2023 compared to 1.63 million in 2024, the report found. Usage among high school students in particular dropped to 1.56 million from 1.21 million over the same period.
ABC News’ Mary Kekatos contributed to this report.
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