Story perspectives

FDA Issues Surprise Vape Guidance, Boosts Big Tobacco

5/23/2026

Summary

Story summary

The FDA issued vaping guidance without consulting policy staff, surprising senior officials.
The guidance, issued after reports that President Donald Trump approved firing Commissioner Marty Makary, skipped the public-comment period.
The rules let certain unauthorized e-cigarettes and nicotine pouches be sold without FDA approval and focus only on products resembling children’s toys, not flavored varieties.
Observers say large tobacco firms can navigate the review process, while smaller companies fear marginalization.

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Story summary

The FDA issued vaping guidance without consulting policy staff, surprising senior officials.
The guidance, issued after reports that President Donald Trump approved firing Commissioner Marty Makary, skipped the public-comment period.
The rules let certain unauthorized e-cigarettes and nicotine pouches be sold without FDA approval and focus only on products resembling children’s toys, not flavored varieties.
Observers say large tobacco firms can navigate the review process, while smaller companies fear marginalization.