The FDA noted that Elf Bar, despite being the most reported e-cigarette brand, has seen a significant decline in popularity, dropping from 56.7% in 2023 to 36.1% in 2024. This decline coincides with increased regulatory scrutiny from the agency, which has issued over 1000 warning letters and 240 civil money penalties to retailers and others in the supply chain since early 2023.1 The FDA has also issued import alerts targeting Elf Bar products, placing them on the “red list” and allowing for immediate detention without full inspection.
Data from the NYTS further showed that nicotine pouch use among youth remained relatively stable, with a slight increase from 1.5% in 2023 to 1.8% in 2024. Among current nicotine pouch users, 22.4% used them daily. Zyn was the most popular brand (68.7%), followed by on! (14.2%), Rogue (13.6%), Velo (10.7%), and Juice Head ZTN (9.8%). The majority (85.6%) used flavored products, with mint (53.3%), fruit (22.4%), and menthol (19.3%) being the most common.
“Youth use of tobacco products in any form—including e-cigarettes and nicotine pouches—is unsafe,” said Deirdre Lawrence Kittner, PhD, MPH, director of CDC’s Office on Smoking and Health, in the release.1 “It’s essential that we remain vigilant and committed to public health efforts to ensure all youth can live healthy, tobacco-free lives.”
The FDA and CDC have ramped up efforts to curb youth tobacco use in recent years. Campaigns such as The Real Cost educate young people on tobacco-related harms while also criticizing marketing tactics such as attractive flavors, influencer or celebrity endorsements, and bright packaging used by e-cigarette companies to appeal to the demographic.2 According to a 2019 study published in the American Journal of Preventive Medicine, the campaign is estimated to have prevented between 380,000 and 587,000 young people aged 11 to 19 from initiating smoking nationwide.3
In addition to ongoing initiatives such as The Real Cost, late this summer the FDA announced a final rule that will raise the minimum age for certain restrictions on tobacco product sales.4 This aligns with a federal law passed in 2019 that increased the minimum age for purchasing tobacco products in the US from 18 to 21 years old.
Effective September 30, retailers will be required to verify the age of anyone under 30 purchasing tobacco products, including e-cigarettes, using photo identification. This age limit has been increased from age 27.
Further, beginning September 30, retailers may not sell tobacco products through vending machines in any facility where individuals under 21 are present or allowed to enter.
These new regulations are expected to further reduce underage tobacco use.
“While it’s encouraging to see these numbers currently remaining relatively low, the bottom line is that we are concerned about any youth-appealing tobacco product,” continued King.1 “Our guard is up. We are aware of the reported growing sales trends for nicotine pouches and are closely monitoring the evolving tobacco product landscape for threats to public health, particularly when it comes to kids.”
READ MORE: Respiratory Resource Center
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References
2. Smith MJ, Hilton S. Youth's exposure to and engagement with e-cigarette marketing on social media: a UK focus group study. BMJ Open. 2023;13(8):e071270. doi:10.1136/bmjopen-2022-071270
3. Duke JC, MacMonegle AJ, Nonnemaker JM, et al. Impact of The Real Cost media campaign on youth smoking initiation. Am J Prev Med. 2019;57(5):645-651. doi:10.1016/j.amepre.2019.06.011
4. FDA issues final rule increasing the minimum age for certain restrictions on tobacco sales. News release. FDA. August 29, 2024. Accessed September 23, 2024.