Reynolds American has begun selling four new flavors of Vuse Pro vapes—peach, berry, watermelon, and fresh mint—in Ohio and select other states despite lacking Food and Drug Administration authorization. The products are available at retail locations such as GetGo gas stations, marking what public health experts characterize as a test of regulatory boundaries following a significant shift in federal enforcement policy.
In May, the FDA announced revised enforcement guidance that effectively permits the sale of unauthorized fruit-flavored vapes under specific conditions: manufacturers must have pending applications already accepted by the agency and must have provided data on whether products pose risks to youth and non-smokers. The timing of this policy shift drew scrutiny after Reynolds American donated $5 million to a Trump-aligned political action committee and company executives met with President Trump, during which the president reportedly made calls to the FDA commissioner and other health officials regarding e-cigarette regulation.
Former FDA tobacco products division head Mitch Zeller and other public health officials view the enforcement guidance as likely to trigger broader manufacturer noncompliance. They argue that if major companies determine regulatory compliance offers no advantage over introducing products first and managing consequences later, the market could see a wave of unauthorized fruit-flavored e-cigarettes. Tobacco industry analyst Cristine Delnevo warned that such dynamics could fundamentally alter marketplace compliance patterns.
A Reynolds American spokesperson stated the new vapes comply with applicable state regulations and are accompanied by enhanced youth access prevention measures including identification requirements and purchase limits. However, several states including California, Massachusetts, New York, and New Jersey maintain bans on flavored vapes. Public health organizations, including the Campaign for Tobacco-Free Kids and the American Academy of Pediatrics, have filed federal litigation challenging the enforcement policy, arguing it violates requirements established in the 2009 Tobacco Control Act.
The debate over fruit-flavored vapes reflects competing public health perspectives. Supporters contend the products offer harm reduction for smokers seeking to quit, while critics highlight their particular appeal to young people, citing the 2019 youth vaping peak when 20% of middle and high school students reported use. Recent data show youth vaping has declined to 5.9%, though vaping rates among young adults aged 19 to 30 have reached 19%.
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