Four new flavors of Vuse Pro vapes (peach, berry, watermelon, and fresh mint) are for sale in select states, even though they have not been authorized by the Food and Drug Administration (FDA).

Reminder: Under U.S. law, companies are not allowed to sell new nicotine and tobacco products until they have been authorized by the FDA.

But: The FDA announced in May that it would effectively turn a blind eye to the sale of unauthorized fruit-flavored vapes if manufacturers have pending applications with FDA and have provided sufficient data on whether the product is “appropriate for the protection of public health.”

Why it’s important: The decision to move ahead with new products without FDA authorization could spur other big manufacturers to do the same.

The enforcement policy is likely to cause confusion for consumers, with unauthorized fruit-flavored vapes from brands like Reynolds sitting on shelves next to both authorized products and illicit disposable vapes.

Meanwhile: Altria sued FDA earlier this month, seeking to force the agency to overhaul its tobacco/nicotine product review process.

Altria argues the approach to product authorization has blocked products such as its On! nicotine pouches from reaching the market, while allowing foreign competitors that ignore the rules to gain market share.
Altria is asking the court to require FDA to develop a new system, arguing FDA is violating a legal requirement to decide on applications within 180 days of receiving them.