May 20 - U.S. Senator Dick Durbin on Wednesday wrote to Health Secretary Robert F. Kennedy Jr., urging him to resist policy changes that would ease federal controls on flavoured vaping products. In his letter, Durbin characterised recent regulatory shifts as short-sighted and influenced by industry lobbying, saying they "benefit Big Tobacco at the expense of our nation’s children."
The appeal comes amid a noticeable softening of the U.S. Food and Drug Administration's approach to certain nicotine products. In recent weeks the agency has authorised fruit-flavoured vapes for sale for the first time and set out proposals to permit some vapes and nicotine pouches to appear on retail shelves before agency scientists have completed their inspections. That approach relaxes a long-standing requirement that manufacturers prove their products provide a net public health benefit before being authorised for sale.
Those regulatory shifts have had immediate institutional consequences. The moves were a factor in the resignation of Commissioner Marty Makary and have intensified debate about possible political influence within the FDA. Durbin and other critics say the changes reflect pressure from the White House and the tobacco industry.
Views remain divided about the public health implications of flavoured nicotine products. Representatives of the nicotine industry and some researchers maintain that flavoured vapes and nicotine pouches can assist smokers in quitting combustible cigarettes. Opponents, including Durbin, counter that such products are particularly appealing to young people and risk creating new patterns of nicotine addiction, which they believe warrants stringent controls.
In addition to his letter to Health Secretary Kennedy, Durbin was among ten senators who signed a May 15 letter to acting FDA Commissioner Kyle Diamantas urging him to rescind marketing authorisations for fruit-flavoured vapes. Durbin described the regulatory changes as "corrupt," attributing undue influence to industry lobbying efforts.
Durbin's communication also drew attention to recent political spending by tobacco companies. He noted that the U.S. unit of British American Tobacco contributed $10 million to a Trump-aligned super PAC in 2024, citing Federal Election Commission data. The company did not provide an immediate response to requests for comment; the U.S. unit, Reynolds American, also did not immediately respond to a request for comment.
The White House and the Department of Health and Human Services, which oversees the FDA, did not immediately respond to requests for comment on Durbin's letter or the FDA's recent policy adjustments.
Context in brief
- The FDA authorised fruit-flavoured vapes for sale and proposed allowing some products on shelves prior to scientific inspection.
- Durbin urged Health Secretary RFK Jr. to resist these changes, calling them short-sighted and corrupt due to industry lobbying.
- Durbin and nine other senators asked acting FDA Commissioner Kyle Diamantas on May 15 to rescind marketing authorisations for fruit-flavoured vapes.