In March 2026, the U.S. Food and Drug Administration published a guidance document, “Flavored Electronic Nicotine Delivery Systems – Considerations Related to Youth Risk.” In this guidance, the agency stated that different flavored e-cigarettes can come with different risks, and that flavored products may help some adults transition away from combustible products. For example, the guidance claims that flavors like candy, desserts, and other sweets are more likely to appeal to youth than flavors like menthol, mint, coffee, tea, and spices. Flavored products with a higher risk of appealing to youth have a greater need to demonstrate that they are appropriate for the protection of public health.

In addition, the agency explained that its willingness to authorize a flavored e-cigarette product could be shaped by the use of device access restriction technologies. Such technologies range from age verification using biometric parameters to geofencing that prevents the device from functioning at certain locations like schools and playgrounds. The guidance indicates that the FDA will take device access restrictions into consideration when determining whether authorizing a product would be appropriate for the protection of public health.