President Trump’s Shifting Stance on Vaping

What It Means for the Industry From advocating a ban on flavored e-cigarettes to pledging to "save vaping," his evolving position raises questions about the future of the vape industry.

Special thanks to Gina Vreeland who helped co-author this article! Have questions for us? Send us a message at contact@clarkespositolaw.com

What’s on the horizon for the vape industry now that President Donald Trump is returning to the White House? Looking back to September 2019, in response to rising concerns about youth vaping, President Donald Trump announced plans to ban flavored e-cigarettes, excluding tobacco flavors, with the goal of curbing adolescent use. This initiative led the U.S. Food and Drug Administration (FDA) to prioritize enforcement against unauthorized flavored cartridge-based e-cigarettes that appeal to children, including fruit and mint flavors.

By November 2019, however, during a listening session on youth vaping and the “electronic cigarette epidemic”, President Trump expressed reservations about a complete ban, citing potential job losses and the impact on small businesses. While he acknowledged the public health risks, particularly for youth, he stressed the importance of finding a balance between addressing the issue of youth use and supporting the economic interests of businesses involved in the industry.

In September 2024, during his presidential campaign, President Trump pledged to “save vaping again!” on his social media platform, Truth Social, a clear shift from his earlier stance on the matter.

FDA, on the other hand, has maintained stringent oversight of the vape industry, denying over one million marketing applications for flavored e-cigarette products due to concerns about their wide spread appeal to youth. In December 2024, the Supreme Court heard arguments in the FDA v. Wages and White Lion Investments, L.L.C., dba Triton Distribution, et al. case (Triton Case), a case challenging FDA’s denial of authorization for certain flavored e-cigarette products. During oral arguments, the Court appeared skeptical of the industry’s claims that FDA’s standards were applied inconsistently, with several justices questioning the value of directing the agency to reconsider its decision. While liberal justices emphasized the public health risks posed by flavored products, some conservative justices acknowledged concerns about procedural fairness but seemed unconvinced that the case warranted intervention. A decision on the Triton Case is expected by the end of the Court’s term in June 2025.

As the regulatory environment continues to evolve, businesses in the industry must stay informed and ready to adapt. President Trump’s recent statements suggest potential policy shifts that could impact the industry. However, FDA’s commitment to public health objectives, particularly concerning youth vaping, indicates that stringent regulations are likely to persist.

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By: Deanna Clark-Esposito, Esq. • Clark-Esposito Law Firm, P.C. • 211 E. 43rd Street, Fl 7 New York, NY  10017 917.546.6997 • www.clarkespositolaw.com • deanna@clarkespositolaw.com Disclaimer: This content of this article is for informational purposes only and should not be construed as legal advice nor as creating a lawyer-client relationship with either the author or the Clark-Esposito Law Firm, P.C. May be considered ATTORNEY ADVERTISING in some states.