After promising to save vaping, the Trump administration has implemented at least three policies so far that could benefit the U.S. nicotine industry. However, the regulatory freeze order may have the most significant impact. Nicotine industry stakeholders celebrated the move and its departure from the previous administration’s policies.

The orders all represent Trump’s commitment to fulfilling his promise of “saving flavored vaping” products. For example, they put on hold the previous administration’s plans to ban menthol flavors. The orders could also alter Proposed Tobacco Product Manufacturing Practices (TPMPs) and the FDA’s proposed rule on lowering the nicotine levels in combustible products.

A notice from Elizabeth J. Gramling, the executive secretary of the Department of Health and Human Services (HHS), signifies that the FDA’s plans for nicotine limits, TPMPs, and menthol and flavor bans have been moved to the “Long-Term Actions” category, meaning they are now low-priority proposals.

A freeze is consistent with the actions of previous incoming administrations because the move halts any rulemaking or similar regulatory activity until the new administration has had an opportunity to review what the last administration proposed.

The freeze order accomplishes the following:

• Precludes federal agencies from proposing or issuing a rule until a department or agency head appointed or designated by the Trump administration reviews and approves the rule.
• Requires agencies to withdraw rules sent to the Federal Register but not published.
• Directs agencies to “consider postponing” for 60 days the effective date for rules that have been published or issued in the Federal Register but have not taken effect so they can be reviewed regarding questions of fact, law, and policy that the rules may raise.

Another move that could help the vaping industry is the Restoring Accountability To Policy-Influencing Positions Within the Federal Workforce order, which is intended to restore accountability in career civil service employees. The action could force the FDA’s Center for Tobacco Products (CTP) to change how it handles its premarket tobacco product application (PMTA) process.

The Ending the Weaponization of the Federal Government order promises to “identify and take appropriate action to correct past misconduct by the Federal Government” and “ensure accountability for the previous administration’s weaponization of the Federal Government against the American people.”

In practice, the order does not appear to have any immediate effect. Instead, it directs the attorney general and the director of national intelligence to review the activities over the last four years of “all departments and agencies exercising civil or criminal enforcement authority,” including the FDA.

While these regulatory actions are subject to review, they are not yet discarded or rescinded. The new administration is expected to evaluate the rules, after which it will decide whether they will move forward unchanged, withdrawn, or subject to additional rulemaking activities.