After rescinding Biden’s menthol cigarette ban, the Trump administration faces a decision on an ITC proposal targeting NJOY Ace, the only authorized menthol-flavored pod vaping product in the US, amid concerns over rival JUUL’s influence and China flooding the market with shoddy products.
The Trump administration rescinded Biden’s proposed ban on menthol cigarettes on January 21. However, on January 29, the International Trade Commission (ITC) still proposed acting against NJOY Ace — the only company authorized to sell menthol-flavored, pod-based vaping products in the United States. This would benefit JUUL, NJOY Ace’s American vape competitor, and potentially empower Chinese companies flooding the market with low quality vapes.
The ITC is chaired by Democratic Biden Holdover Amy A. Karpel, who is now using the agency to undermine reforms made by the Trump administration.
In its first term, the Trump administration took significant actions against JUUL Labs, expressing concerns over the company’s marketing practices and their impact on youth vaping. In September 2019, the administration announced plans to clear the market of unauthorized, non-tobacco-flavored e-cigarette products — including those from JUUL — to combat what it termed an “epidemic of youth e-cigarette use.”
It also issued a formal warning letter to JUUL, in which it stated, “JUUL adulterated its products…without an FDA order in effect that permits such sale or distribution,” as well as another letter in which it questioned whether JUUL’s outreach and marking practices, targeted students, among other groups.
The family of leftist Illinois Governor JB Pritzker is tied significantly to JUUL and thus stands to benefit from this action against NJOY Ace. Nicholas Pritzker was an early JUUL investor and has been on the company board of directors since 2017. In November 2022, Juul received a $1.2 billion bailout led by Pritzker.
The Pritzker family has been among the top donors to Democratic candidates and causes. Through the Pritzker Family Foundation and individual donations, the family has funded numerous progressive initiatives. As Breitbart has reported, Pritzker has sought to counter “right wing extremists” by funding a host of non-profits
Pritzker reportedly hopes to expand the nonprofit to include other left-wing pet projects, such as addressing “book bans,” (which is really a Republican and parent-led effort to keep pornography and Marxist propaganda out of schools) and promoting “gender-affirming care,” which includes sex mutilating surgeries, cross-sex hormones, and puberty blockers.
Critics also argue that the ITC’s proposed NJOY Ace ban will benefit China. As Breitbart has previously noted, “Illicit Chinese e-cigarettes are purposely mislabeled to avoid tariffs and inspection by U.S. Customs and Border Protection, and it is widely reported that Chinese e-cigarette manufacturers mislabel products to avoid or reduce U.S. tariffs.” NJOY is owned by an American company, in contrast to viral vape products like the Elf Bar a fully Chinese-owned company which flouted U.S. regulations to flood the market in recent years.
The Democratic ITC proposal is likely to empower China. “The [state-owned Chinese State Monopoly Association] is already responsible for 10% of all the CCP’s revenue,” wrote Dr. Richard Weitz, Senior Fellow and Director of the Center for Political-Military Analysis, at the Hudson Institute. “Banning U.S. marketplace alternatives would only serve to inflate this number. Nothing would run more counter to accomplishing the mission of this Commission.”
James Skinner, a former National Security Council official for President Trump, concurred, noting “China Tobacco generates over $200 billion annually, enough to fund the entire Chinese military. A large portion of this revenue is derived from exporting vaping devices to the United States, where approximately 5,800 unregulated Chinese products flood our market, bypassing FDA oversight and posing serious public health risks,” he wrote. “Rather than confronting these dangers posed by our greatest adversary, U.S. agencies like the International Trade Commission are targeting American-made, FDA-approved products, which would foster a prohibition-like black market of Chinese devices in the United States. This approach undermines American interests and extends Beijing’s reach, an unfortunate mistake we’ve seen continuously over the past four years.”
The China problem faces all U.S. vape companies, inlcuding JUUL, which commended the Trump administration’s closure of the “de minimus” tariff loophole, that allowed “illegal Chinese vapor products” to enter the American market — and become extremely popular. The company said in a statement:
Juul Labs, Inc., an American technology and innovation company, commends President Trump’s efforts to protect American citizens through increased enforcement of trade laws and border security. This includes closing the so-called “de minimus” tariff loophole, which allows Chinese exporters to smuggle products into the U.S. with scant oversight or inspection.
President Trump has 60 days to veto the ITC measure on public policy grounds. Presidential vetoes of ITC-related matters are typically recommended by the Department of Commerce and the U.S. Trade Representative. Jeremy E. Pelter is currently serving as the Acting Secretary of Commerce in the Trump administration.
Lucas Nolan is a reporter for Breitbart News covering issues of free speech and online censorship.
Read the full article here