Attorney General Oversteps & Threatens AZ “Mom & Pop” Small Businesses

Recent actions by the Attorneys General in Arizona and Minnesota have unfairly targeted e-cigarette retailers, accusing them of selling "unauthorized" nicotine products. Thousands of store owners received letters claiming that flavored smokeless tobacco products, such as vapes, are being sold illegally. These letters seem intended to intimidate shop owners into removing products that the Food and Drug Administration (FDA) has yet to approve directly. However, it's important to note that the majority of popular vaping devices are still in regulatory limbo, awaiting a decision from the FDA. The delay stems from the FDA’s Premarket Tobacco Application (PMTA) process, which tends to favor big tobacco companies. In fact, only about 30 vapor products have been approved in the nearly 10 years since the PMTA process began. It’s no coincidence that the approved products are mainly from large tobacco companies like RJ Reynolds and Altria. These products, however, appeal to only a small fraction of e-cigarette users due to their limited flavor options. Studies have shown that access to appealing flavors significantly boosts smoking cessation rates, yet the FDA continues to overlook this evidence.

Instead of trying to scare and intimidate ‘Mom and Pop’ shops into compliance, these Attorneys General should propose legislation that upholds the rights of responsible adults to use proven safer alternatives, regardless of flavor.

This stance represents a win for small businesses and consumers, ensuring that products remain on shelves, stores stay open, and jobs are preserved.

Despite strong rhetoric, both the FDA and the Attorneys General have yet to take significant enforcement actions. To date, no meaningful steps have been taken by state law enforcement or the FDA to follow through on their warnings.

The vaping industry has consistently prioritized harm reduction. Every year, hundreds of thousands of preventable deaths in the U.S. are attributed to cigarette smoking. Numerous studies have shown that switching to e-cigarettes is significantly less harmful than smoking traditional combustible cigarettes.

It’s time for elected officials to face the facts and stop playing games with small business owners!