VTA Insider May 2026: “Too Little, Too Late”: Former FDA Commissioner Marty Makary Resigns
Published on May 26, 2026
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A Message From VTA’s Executive Director
VTA is leading the fight to defend the flavored nicotine vaping industry at the state and federal levels.
On a personal note: the past three weeks have involved enormous personal and professional upheaval. After a stint in the hospital and hospice, I had to bury my wonderful, amazing and stubborn mother. The next day, I was plunged into another family health crisis.
And during this time, immense changes were shaping the future of this industry.
This edition of Insider catches you up on what’s been happening and explains why the fight for the independent American flavored vaping industry is far from over.
The future of this industry is being shaped right now. Join VTA and help ensure independent businesses and adult consumers have a voice in that process. Join us today
“Too Little, Too Late”: Former FDA Commissioner Marty Makary Resigns
What Happened: On the weekend of May 2, 2026, media reported that President Trump called FDA Commissioner Makary, telling him he wasn’t doing enough to save flavored vapes. In response, on Monday, May 4, FDA authorized its first flavored pod device (with age-gating technology). On May 8, FDA announced a new enforcement discretion guidance purporting to (but not really) allow the sales of flavored vapes. Then, stories started swirling that Makary was about to be fired. That same day, VTA was asked to meet with Makary and did so on May 9 to discuss the much-needed reforms to save vaping. On Tuesday, May 12, 2026, Former FDA Commissioner Marty Makary offered his resignation to President Trump, citing flavored vapes as the reason.
What We Said: VTA’s Statement on Markary’s resignation can be found here.
Why It Matters: Commissioner Makary’s recent actions proved to be “too little, too late,” as our Executive Director told the Hill. More importantly, the recent decision to issue new enforcement priorities could have a dramatic negative effect on the American vaping industry. Acting Commissioner Diamantis and his team now must figure out how to actually fix the broken vaping regulation President Trump inherited from the last Administration.
What’s Next: VTA looks forward to continuing to work with Acting FDA Commissioner Kyle Diamantas and whoever is ultimately selected to permanently lead the agency moving forward. We remain committed to advocating for real PMTA regulatory reform and the implementation of a predictable and transparent, science-based regulatory framework for all vapor products.
The Fight Didn’t End With One FDA Decision
What Happened: On May 8, 2026, the FDA issued its new final enforcement discretion guidance that also eliminated the 2020 ban on flavored pods/cartridges. The FDA will be publishing a list of the products receiving this enforcement discretion.
What It Means: Many have cheered this action, believing that it will give the American-flavored vaping industry breathing room. In reality, as written, the enforcement guidance poses a real and direct threat to the American vaping industry selling flavored vapes. While the guidance makes clear that the FDA will not enforce against products for which a PMTA has been “accepted and filed”, that ONLY applies to tobacco-flavored products.
However, flavored vapes will be held to a much more restrictive standard (only those in scientific review), and the overwhelming majority of them (regardless of how substantive) could easily be excluded from the list.
What’s Next: As VTA continues its engagement with FDA’s new leadership team, we will underscore the realities of the recent actions taken and continue to address the need for real and lasting reform for less harmful vaping and other nicotine products. Saving flavored vaping does not happen with mere openness; it happens when the broken regulatory system is fixed once and for all.
Worth Your Time
- With a Friend in Trump, the Tobacco Industry Secures a Lucrative Win
- Marty Makary’s tenure as head of FDA ends with ‘difficulty’
- Makary Resigns, Diamantas New Interim FDA Head
- With Commissioner Under Pressure, F.D.A. Opens Door to Flavored Vapes
Join VTA Today and Stand with Us in this Fight
VTA is your voice in Washington and at the state level, where Big Tobacco continues to spend millions of dollars to pressure regulators into giving them what they want while sidelining independent vape. So, our advocacy matters now more than ever. We have an opportunity to create real reform, but only if we speak with one voice.
Our work to build relationships within the Trump administration has ensured that we are viewed as the best-positioned ally to help them solve the regulatory challenges that have long plagued this industry. This level of impact only happens when our industry supports our mission.
VTA is fighting every day to protect flavored vaping products, defend harm reduction, and ensure the future of our American independent vaping businesses.
But we can’t do it alone. Become a member AND a champion in the fight to save flavored vapes!
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Got questions? If you have any questions about the issues we have covered, have suggestions for content, or how you can support our efforts, please feel free to contact us at info@vaportechnology.org.
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