Since 2016, the U.S. Food and Drug Administration has been working to crack down on the fruity, sweet e-cigarettes that make teens vape nicotine.
But at least 20 brands continue to sell Chinese-made children's-flavored disposable devices like peach blueberry candy and pineapple strawberry in U.S. liquor stores, tobacco stores and convenience stores, Reuters found.
Flavored disposable vaping devices account for a third of U.S. e-cigarette sales, up from less than 2 percent three years ago, according to a Reuters review of retail sales data.
Some critics say their surge has raised questions about the failure of public health agencies to rein in the booming flavored e-cigarette market and its ability to enforce its own rules.
The Reuters findings come from a dataset produced by Chicago-based market research firm IRI, which uses scanner data and other information to track retail purchases.
The IRI dataset measures purchases between January 12, 2014 and June 12, 2022, a rare look at single-use flavored nicotine devices following the FDA crackdown on Juul Labs Inc (Marlboro maker Altria owns 35%) the rise of.
Data shows for the first time that consumers have spent more than $2 billion on a new generation of disposable e-cigarettes in the past year, surpassing Juul’s once-leading market share by about 3 percentage points since March.
The data was shared with Reuters by an unnamed individual outside the IRI.
An IRI spokesperson said the company cannot confirm any information you receive from outside sources and that the data should not be attributed to IRI. According to a 2019 IRI press release, IRI measures purchases at retailers, including more than 30,000 convenience stores.
In written responses to questions, the FDA said it is firmly committed to addressing ongoing public health concerns surrounding youth e-cigarette use and is continually monitoring the changing market.
The FDA banned all flavors except tobacco and menthol in Juul and other cartridge-based e-cigarettes in January 2020. In June, it tried to ban the sale of all Juul e-cigarettes. The agency has since suspended its order, saying the Juul app had some unique scientific issues that required additional scrutiny.
Juul, referring to previous statements to Reuters, said it does not want underage consumers to use its products and looks forward to re-engaging with the FDA while the ban is on hold.
Sweetened single-use e-cigarettes began flooding the market in 2020, trying to take advantage of Juul's previously popular pod-based devices. Both varieties vaporize liquids that contain nicotine, the chemical that makes smokers addicted. Both contain roughly equal concentrations of nicotine.
The single-use devices are pre-filled, cost between $15 and $25, and contain five to 20 times the fluid volume of Juul cartridges, according to Reuters interviews of nine retailers that sell both products. Some products advertise that users can pump thousands of puffs on a single device.
By comparison, the Juul, which costs about $10, requires users to add individual cartridges or pods of nicotine-containing liquid for $20 to $25 for a four-pack.
Three brands — Kangvape Onee Stick, Esco Bars and Breeze Smoke Breeze Pro — each had more than $3 million in weekly sales as of June 12, the data shows.
Representatives for Esco Bars and Breeze Smoke say their products contain synthetic nicotine, an addictive drug not derived from the tobacco plant that was not subject to the FDA's jurisdiction until Congress acted earlier this year. Both companies told Reuters they applied for FDA authorization in 2022.
The FDA declined to name the synthetic nicotine product applied for.
Darrell Suriff, CEO of Pastel Cartel, the Texas-based company that makes Esco Bars, said it spent nearly $3 million preparing its application to the FDA. Companies like him who try to play by the rules shouldn't be punished, he said: "There are a lot of bad players in this industry...we're not one of them.
Jon Glauser, chief strategy officer at Hyde in Buffalo, N.Y., another one-off brand of synthetic nicotine that sells nearly $3 million a week, said he understands critics' concerns about sweetened electronics Tobacco appeals to teens and can be addictive, but adults really love the taste.
Representatives for privately-held Shenzhen Comvipe Technology Co Ltd did not respond to a request for comment.
Juul began promoting e-cigarettes among teens in 2017.
After 2019, Juul's popularity with teens faded after it launched mango, mint and fruit flavors under regulatory pressure, leaving room for dozens of other brands. As sales of flavored disposables soared, Juul’s U.S. market share fell to around 30 percent from more than 70 percent in 2018 and 2019, according to the data.
At Luxury Tobacco & Vape in Raleigh, North Carolina, a recent showcase of the one-off Elf Bar offered more than a dozen flavors, such as Sour Apple and Skittles. Juul occupies only a small portion of the shelf. Juul declined to comment on the exhibition.
Elf Bar did not respond to a request for comment.
Under FDA rules, e-cigarettes cannot be sold in the U.S. unless manufacturers submit scientific applications by September 2020 to demonstrate why their products are beneficial to public health. E-cigarettes containing synthetic nicotine must apply by May 14, 2022.
Reuters provided the FDA with a list of more than two dozen flavored devices that news organizations have found in stores and online, even if they're not on the FDA's list of products to file for through 2020.
The FDA declined to answer questions about whether the products identified by Reuters have applied for the required authorization.
An FDA spokesperson pointed to the agency's website, which says our compliance and enforcement efforts are a multi-step process that cannot happen overnight.
Mitch Zeller, the head of the FDA's tobacco division, who retired in April, told Reuters that there may be gaps on its list because the FDA needs the cooperation of applicants to list them publicly.
"Will the FDA catch every violation? No," Zeller said, though he said targeting manufacturers who haven't applied is the FDA's number one priority.
The agency said on its website on Aug. 3 that it is illegal to sell any e-cigarettes that use synthetic nicotine without its authorization. As of Aug. 15, the FDA has not granted authorization to either.
Alex Morin, 19, has been using Juul since 2017 as a high school freshman in Tampa, Florida, and was drawn to its fruity, creamy and mint flavors.
After Juul eliminated those flavors, Morrin began buying fruit-sweetened disposable e-cigarettes, such as Cali Plus and HQD Cuvie Plus, made by Florida-based Cali Pods and HQD Tech USA. "They just taste better and have more flavor," he said. "They're still there and easy to get."
Cali Pods and HQD did not respond to requests for comment.
After he started using e-cigarettes, he developed headaches and nausea, before taking him to hospital with six seizures between January 2020 and November last year. Morin and his mother Winna Morin said he never experienced a seizure before becoming addicted to e-cigarettes.
Winna Morrin provided hospital records confirming seizures. Researchers have yet to identify a clear link between vaping and seizures.
The FDA told Reuters it was seeking to know whether the nicotine content or formulation of the devices could cause seizures.
Most reports of seizures from e-cigarettes have come from teenage or young adult users, the FDA said.