There is a battle raging in the tobacco and vape space, and it’s not Public Health vs. Big Tobacco — it’s consumer-driven innovation being systematically crushed through misinformation campaigns and regulatory maneuvers led by tobacco companies.
As cigarette sales decline, Big Tobacco is leveraging regulatory capture, aggressive lobbying and geopolitical tensions to maintain market dominance — at the expense of the U.S. independent vape industry.
Big Tobacco’s influence is evident in state-level lobbying efforts, and it’s no surprise that with their influence, several state registry bills have popped up at the state level. These seemingly innocuous bills establish “state-run directories that contain a list of e-cigarette products that can be legally sold in the state.” To be listed on the registry, “a manufacturer must certify that they have submitted a premarket tobacco product application (PMTA) to the FDA and that the product has either been authorized by the FDA or that it remains under FDA review.”
While this may seem like a consumer protection measure, it effectively locks out independent manufacturers. Nearly a dozen states have already passed registry bills, while in 2025 sessions, lawmakers from Arizona to South Carolina are pushing legislation to establish state-run registries.
The FDA’s approach to e-cigarette regulation has been dysfunctional at best and a public health failure at worst. As of February, only 34 e-cigarette products have been approved by the FDA, with thousands of applications languishing in regulatory limbo and still awaiting action from the agency. Worse, these products are available only in traditional flavors — tobacco and/or menthol. Worse, only traditional tobacco and menthol flavors have been authorized, and just three Big Tobacco manufacturers have successfully navigated the approval process — while continuing to profit from combustible cigarettes. This not only undermines public health but also devastates small businesses that operate independently from the tobacco industry.
In 2003, Chinese inventor Hon Lik developed the modern e-cigarette to provide nicotine without the harmful constituents of cigarette smoke. This concept of tobacco harm reduction isn’t new — renowned researcher Michael Russell noted in 1976 that “people smoke for the nicotine but die from the tar.” Despite early experiments by tobacco companies, it was Lik’s innovation that reshaped the market.
E-cigarettes entered the U.S. market in 2007, but it wasn’t until 2012 that a major tobacco company acquired the blu e-cigarette brand — two years after Congress passed the Family Smoking Prevention and Tobacco Control Act, granting the FDA authority over tobacco products. In 2016, the FDA formally deemed e-cigarettes as tobacco products, subjecting all manufacturers — large and small — to stringent regulatory requirements.
Between 2011 and 2016, Big Tobacco had little presence in the independent vapor market. That changed in 2018 when Altria, maker of Marlboro cigarettes, bought a stake in JUUL, signaling tobacco companies’ full embrace of harm-reduction products. Yet, instead of fostering competition, the U.S. regulatory framework has stifled innovation, limited consumer choice and is favoring established tobacco giants. While international markets have embraced a diverse array of reduced-risk products, the U.S. remains trapped in a system designed to protect legacy cigarette manufacturers.
This has come at a steep cost. One study examining vape shops by retail type (vape-only or vape and cannabis) found that “vape-only stores were half as likely to open.” Increased FDA regulations are forcing vape shops to shut down — eliminating jobs and tax dollars to state and federal coffers.
There is, however, a glimmer of hope. President Trump has expressed support for flavored vaping and American jobs, and reform is desperately needed. The FDA’s process is rigged to benefit the largest players — those who profit from the continued sale of deadly combustible cigarettes.
E-cigarettes represent a consumer-driven revolution in harm reduction. If Trump is serious about supporting American innovation and job creation, he must address the FDA’s regulatory barriers and reinvigorate the industry. Millions of adults rely on flavored vapor products to stay smoke-free, and they are waiting for leadership to restore what made vaping a viable alternative in the first place.
