An RJ Reynolds subsidiary is promoting fruit-flavored vaping pods with colorful scented mailers that critics say are similar to the “scratch and sniff” ads the tobacco giant agreed to suspend 20 years ago, as part of a settlement with 39 states that had accused the company of violating an agreement to refrain from marketing its flavored cigarettes to kids.
“It appears they haven’t learned their lesson, and they’re now using that same playbook for a different type of tobacco product, which also coincidentally remains the most commonly used tobacco product among US youth,” said Brian King, a former top FDA tobacco regulator who now works as the executive vice president for US programs at the Campaign for Tobacco-Free Kids. His organization flagged the materials to state and federal authorities.
The company said the advertising for Vuse Pro berry, fresh mint, peach, and watermelon pods was only sent to existing adult nicotine consumers whose ages had been verified, and who had opted in to Vuse-related communications. “Our products are for adult tobacco and nicotine consumers only,” a spokesperson said.
“We do not want youth accessing or using them, and that principle is fundamental to how we market responsibly and in compliance with applicable laws and regulations.”
Flavored vape policy came to a head earlier this year when President Donald Trump pressured then-FDA Commissioner Marty Makary to authorize fruit-flavored e-cigarettes for adults despite the agency chief’s concerns about the potential impact on children. Shortly after, the FDA adopted a policy that effectively allowed for the sale of many flavored e-cigarettes that were still under agency review.
“It’s critical that the US government and state attorneys general take notice and take action,” King said. “We should not be sitting idly by as companies flagrantly flout the laws using tactics we know drive youth appeal of tobacco products.”