Whether that characterisation is accepted or not, the FDA’s treatment of vaping has undoubtedly been contentious. But the appointment of Bret Koplow, Ph.D., J.D., as permanent director of the Center for Tobacco Products (CTP) could indicate a more pragmatic direction—one that combines strict youth protection with greater recognition of lower-risk alternatives for adults who smoke.
How did the FDA-Vaping conflict come along?
Political alarm over youth vaping, the rise and subsequent regulatory problems of Juul, and FDA prevention initiatives such as “The Real Cost” campaign further transformed vaping from a relatively small regulatory issue into a major public-health and political battle.
The roots of the saga stretch back to the FDA’s 2016 deeming rule, which extended the agency’s tobacco authority to e-cigarettes and required manufacturers to obtain marketing authorisation. The subsequent Premarket Tobacco Product Application (PMTA) process became particularly controversial. Millions of product applications ultimately received marketing denial orders, while others were left pending. Manufacturers suffered high costs, changing requirements, and uncertainty about the evidence needed to gain authorisation.
He also criticises the FDA for failing to adequately address widespread misunderstanding of relative risk. That concern has significance beyond the vaping industry because smokers’ decisions depend partly on whether they understand that the primary danger from cigarettes comes from inhaling the products of combustion.
Bret Koplow may be the change the FDA needed
That language reflects the fundamental balance tobacco harm reduction advocates have long requested: differentiate products by risk while preventing youth uptake. More importantly, Koplow’s actions while serving as acting director suggest this may be more than rhetoric. In June, the FDA authorised 20 ZYN nicotine pouch products to carry a modified-risk claim explaining that switching completely from cigarettes to ZYN reduces the risk of several serious smoking-related diseases. Koplow said accurate information about relative harms could help adult smokers make informed decisions.
Is the door to innovation finally being opened?
Perhaps the most significant shift has occurred with vaping itself. In May 2026, the FDA authorised fruit-flavoured e-cigarettes for adult smokers for the first time. Rather than treating flavour and youth protection as necessarily incompatible, Koplow highlighted technology designed to prevent underage access as potentially transformative. The decision suggests a regulatory model in which innovation could address competing objectives: preserving products that may appeal to adult smokers while using technological safeguards to restrict youth access.
The emerging philosophy therefore looks less like deregulation and more like risk-proportionate regulation: facilitate scientifically supported alternatives for adult smokers while acting aggressively against products and marketing practices that threaten youth.
Moving from senseless war to sensible regulations
The FDA regulates a market in which cigarettes—the most dangerous widely used nicotine product—coexist with non-combustible alternatives capable of delivering nicotine without burning tobacco. A coherent regulatory system should recognise those differences while ensuring that products intended for adult smokers do not create unnecessary risks for children.
