Gavin Wax: Biden’s FDA Threatens Your Rights

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President Donald J. Trump’s historic victory in the 2024 election wasn’t just a political win – it was a call for change. Voters made it clear they’re tired of the status quo and want an administration that listens to their concerns, upholds their values, and protects their freedoms. Trump’s win gave him a mandate to protect the right of Americans to access life-saving alternatives to smoking, like flavored nicotine vaping products. 

As President Biden’s administration winds down, it’s evident that the outgoing leadership is working to undermine the very principles Trump pledged to defend. One of the most alarming threats comes from the U.S. Food and Drug Administration (FDA), led by unelected bureaucrats who may strip away Americans’ rights to flavored nicotine products just as Trump takes office. 

The FDA and Center for Tobacco Products (CTP), led by Brian King, is reportedly moving toward banning a wide array of flavored nicotine products, including flavored e-cigarettes. This decision could not only infringe on individual rights but also harm public health. For millions of Americans who rely on flavored e-cigarettes as a safer alternative to smoking, this potential ban is a devastating blow.

Trump has been a staunch advocate for Americans’ right to choose alternatives to cigarettes. In a September post on Truth Social, he reaffirmed his commitment to protecting these rights for all Americans. Yet, as Biden’s administration winds down, the FDA’s actions threaten to undo that commitment, putting hundreds of thousands of lives at risk.

What is especially troubling is the timing. As a lame-duck administration, Biden’s appointees are making decisions that could have lasting, harmful effects on American health and freedoms – decisions that are out of step with the will of the voters who elected Trump for real change. Bureaucrats like King are imposing restrictions on products that have proven to be one of the most effective smoking cessation tools available today. E-cigarettes have helped millions quit smoking, reducing the devastating toll of tobacco-related diseases. A ban would take away that option and, in the process, put more lives at risk.

The consequences aren’t limited to public health. Small businesses that sell vaping products are at risk of closing. The American vaping industry provides jobs for thousands of people and supports small business owners across the country. A sweeping ban on flavored nicotine products would devastate these businesses.

But there is hope. The U.S. Supreme Court is considering a legal challenge to the FDA’s denial of e-cigarette products, a case that could clarify the legality of the FDA’s actions. If the Court rules in favor of the industry, it will not only protect consumer rights but also set a precedent that limits bureaucrats like King from making sweeping, unchecked decisions.

A favorable ruling would send a clear message: unelected bureaucrats do not have the power to strip away Americans’ rights, especially in the waning days of their administration. It would also reinforce the principle that elected officials, like President Trump, are entrusted by the people to make decisions, not unelected agencies acting without accountability.

Trump made a promise to the American people to protect their rights, including access to flavored vapes. His administration will stand up for the health and freedoms of all Americans, regardless of political affiliation. But that promise can only be fulfilled if the FDA and CTP follow the law and respect the will of the people, not push forward with last-minute power grabs.

It’s time for the Biden administration to put aside personal politics and honor the wishes of the American people. Lives are at stake, businesses are at risk, and freedoms are threatened. The clock is ticking, and we cannot let bureaucrats like Brian King act before the Supreme Court and the incoming Trump administration can restore the rights voters so clearly demanded.