Trump Administration Bans Flavored Pod-Based Vapes but Exempts Menthol

The FDA issued enforcement guidance on January 2, 2020, prohibiting the manufacture and distribution of fruit- and mint-flavored cartridge-based e-cigarettes, acting under pressure from parent groups, pediatricians, and Congress. However, the policy exempted menthol-flavored pods and all open-system "tank" devices, a carve-out that critics said undermined the policy's public health rationale. The guidance was issued as regulatory policy rather than formal rulemaking, limiting its legal durability.