UPDATE 2-US Senator Durbin urges RFK Jr. to resist easing vape rules

In recent weeks, the FDA has for the first time authorised fruit-flavoured vapes for sale and outlined plans to ⁠allow some vapes and nicotine pouches onto shelves before being inspected by its scientists, easing a long-standing requirement that manufacturers prove their products ​benefit public health before gaining permission for sale.

U.S. ​Senator Dick Durbin urged Health Secretary Robert F. ​Kennedy Jr. on Wednesday to resist an ‌easing ​of rules on flavoured vapes, saying the moves were short-sighted and driven by lobbying and donations from big tobacco companies. Under pressure from the White House, the ‌U.S. Food and Drug Administration has in recent weeks softened its stance on flavoured vapes, a shift that contributed to the resignation of Commissioner Marty Makary, raised concerns about political influence at the agency and reignited debate over vaping. The nicotine ‌industry and some researchers say flavoured vapes and nicotine pouches can help smokers quit cigarettes. Others, including Durbin, a ‌Democrat, argue that they should face strict controls because of their appeal to young people and the risk of driving new nicotine addiction.

In a Wednesday letter reviewed by Reuters, Durbin urged Kennedy to resist the changes, which he said "benefit Big Tobacco at the expense of ⁠our nation's ​children", and described as "short-sighted" and "corrupt" due ⁠to industry lobbying. In recent weeks, the FDA has for the first time authorised fruit-flavoured vapes for sale and outlined plans to ⁠allow some vapes and nicotine pouches onto shelves before being inspected by its scientists, easing a long-standing requirement that manufacturers prove their products ​benefit public health before gaining permission for sale. The only guiding factor behind the Trump Administration's health policymaking is "gold ⁠standard science," a White House spokesperson said.

A spokesperson for the Department of Health and Human Services, which oversees the FDA, said that only ⁠specific products ​would qualify for pre-review sale and that the flavoured vapes had technology to prevent youth use. Durbin said tobacco companies had lobbied U.S. President Donald Trump directly and made significant political donations in a bid to bypass ⁠this requirement. The U.S. unit of British American Tobacco, for example, contributed $10 million to a Trump-aligned super PAC in 2024, ⁠Federal Election Commission data shows. Reynolds ⁠American, BAT's U.S. unit, did not respond to a request for comment.

Durbin and nine other senators also wrote to acting FDA Commissioner Kyle Diamantas on May 15, urging ‌him to rescind marketing ‌authorisations for fruit-flavoured vapes.