FDA's delayed review of e-cigarettes ruled illegal

In a major victory for America’s kids and public health, a federal judge ruled Wednesday that, in August 2017, the U.S. Food and Drug Administration (FDA) acted illegally by allowing e-cigarettes to remain on the market until 2022 before applying for FDA authorization and by permitting products to remain on the market indefinitely during review.

In March 2018, our public health and medical organizations, and several individual pediatricians, filed suit in federal court challenging this FDA decision. Our lawsuit argued the FDA’s decision was unlawful, put kids at risk and harmed public health. The FDA’s delay allowed e-cigarettes – including candy, fruit, mint and menthol-flavored products that clearly appeal to kids – to stay on the market for years without a review of their public health impact. The FDA also delayed the deadline for cigar manufacturers to file such applications until 2021.

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