Attorney General Kris Mayes and a bipartisan coalition of 33 attorneys general on Wednesday are calling on the U.S. Food and Drug Administration to do more to protect kids from e-cigarettes.

The attorneys’ general suggestions include limiting the flavors that draw kids in, reducing nicotine levels to prevent addiction, and restricting marketing to young people.

“The devastating effects of nicotine addiction are well-documented and it is critical the FDA enact changes to protect children and teens from e-cigarettes,” Mayes shared in a press release. “We’re seeing an alarming resurgence in nicotine use for young adults. From restrictions on marketing that targets youth, to prohibiting flavors designed to entice teens to use e-cigarettes in the first place – more guardrails are needed to prevent tobacco use and addiction among young people in our country.”

More than 9,000 types of e-cigarette devices have been sold in the U.S. since 2020 and of that, nearly 6,000 are disposable devices, according to data obtained by The Associated Press. Last year, 14% of high school students reported that they were currently using e-cigarettes.

Teen nicotine consumption is linked to nicotine poisoning, mental health and behavioral problems, academic issues, and future addiction to other substances, according to the report.

In a letter submitted to the FDA responding to a request for comments on the Center for Tobacco Products’ proposed five-year strategic plan, the coalition of attorneys general urge the FDA to set up guardrails to prevent young people from getting addicted to nicotine through e-cigarettes

The attorneys general recommend that the FDA:

• Prohibit all non-tobacco flavors in e-cigarettes. These flavors – mimicking fruits, candies and desserts – are a major reason young people try e-cigarettes in the first place.
• Enact evidence-based limits on nicotine in e-cigarettes. More than 80% of e-cigarettes sold have more than 5% of nicotine concentration. Some of these devices last for hundreds or thousands of puffs, leading young people to consume much more nicotine. 
• Restrict marketing that attracts youth by making sure campaign materials don’t target young people by bombarding them with ads about e-cigarettes. E-cigarette manufacturers have used social media and influencer marketing to entice teenagers.
• Close the “disposable loophole.” Disposable e-cigarettes have not been subject to the same existing FDA enforcement guidance as cartridge e-cigarettes, and they’ve surged in popularity. More than half of youth e-cigarette users last year reported that they use disposable e-cigarettes instead of cartridge-based e-cigarettes.

The attorneys general also asked the FDA to promptly enforce the law against companies and sellers across the e-cigarette supply chain who flout federal regulations

Attorney General Mayes is joined in sending this letter by the attorneys general of North Carolina, Nevada, New Hampshire, South Dakota, California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, New Jersey, New Mexico, New York, Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, Tennessee, Utah, Vermont, Washington and Wisconsin.