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Attorney General Marty Jackley

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Attorney General Jackley Joins Effort Urging FDA To Do More to Protect Children From E-Cigarettes

FOR IMMEDIATE RELEASE: Wednesday, Aug. 30, 2023

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota Attorney General Marty Jackley is one of four lead Attorneys General asking the U.S. Food and Drug Administration (FDA) and its Center for Tobacco Products to do more to protect kids from e-cigarettes.

The letter, signed by a bi-partisan group of 33 Attorneys General, requests that the FDA set up guidelines designed to protect young people from becoming addicted to nicotine through e-cigarettes.

“A bi-partisan group of Attorneys General realizes E-cigarettes are a major threat to children,” said Attorney General Jackley. “The FDA needs to do more to protect children.”

The Attorneys General recommend that FDA:

  1. 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.
  2. Enact evidence-based limits on nicotine in e-cigarettes. More than 80 percent of e-cigarettes sold have more than five percent of nicotine concentration. And because some devices last for hundreds or thousands of puffs, young people end up consuming much more nicotine. 
  3. Restrict marketing that attracts youth by making sure marketing materials don’t target them and preventing young people from being bombarded with ads about e-cigarettes. E-cigarette manufacturers have used social media and influencer marketing to entice teenagers. 
  4. 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.

Other Attorney Generals signing onto the letter are from the states of: Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, Tennessee, Utah, Vermont, Washington, Wisconsin.

A copy of the letter is available here: