Indiana Law Journal

Document Type


Publication Date

Winter 2021

Publication Citation

96 Indiana Law Journal 619 (2021)


Part I of this Note soberly explores and delineates the perceived and real threats of vaping for America’s youth, concluding with an analysis of the socioeconomic and developmental health effects of nicotine addiction. Part II delves into the federal government’s response to e-cigarettes as well as the powers and limitations of federal regulation under the Food and Drug Administration’s (FDA) “Deeming Rule” and the potential effectiveness of an increase in the national tobacco purchase age or a federal ban on flavored vaping products. Part III discusses the realistic benefits of taking a harm reduction approach to youth vaping in the United States, drawing on lessons from the effectiveness of alcohol and tobacco policies at home and in other Western countries. Ultimately, Part III suggests that the FDA should focus on reducing nicotine levels in e-cigarettes and traditional cigarettes and ensuring the safety of ingredients, thereby equipping state governments to take action by folding vaping into their existing tobacco laws and tying excise taxes on tobacco products to nicotine levels.