The internet has a funny way of making things stick, even when they aren't exactly what they seem. You've probably seen the memes or the heated Twitter threads. The phrase Kamala on the vape usually sparks one of two reactions: a laugh about a viral "candid" moment or a deep-dive into the regulatory war currently happening in Washington.
Honestly, the reality is a lot more bureaucratic and a lot less "cool" than the social media chatter suggests.
Since taking office, Vice President Kamala Harris has been at the center of a massive tug-of-war between public health advocates and the vaping industry. People want to know if she's actually "anti-vape" or if she’s just following the standard Democratic playbook. It’s complicated. If you're looking for a simple "yes" or "no" on her personal habits, you're looking in the wrong place. The real story is about the FDA, menthol bans, and a weirdly persistent black market that just won't quit.
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The Viral Moment vs. The Policy Reality
Let’s address the elephant in the room. Why is everyone talking about Kamala on the vape in the first place? A lot of it stems from a viral video clip where some viewers claimed to see the Vice President holding a device in her car. Was it a vape? Was it a phone? A battery pack?
The campaign never confirmed it. It doesn’t really matter.
What does matter is her track record. Back when she was California’s Attorney General, Harris wasn't exactly a fan of the industry. In 2015, she went after NJOY, a major e-cigarette manufacturer, for what she called "deceptive marketing." She won a settlement that restricted how they could advertise to kids in California. She also backed a bill by State Senator Mark Leno that essentially said: "If it looks like a tobacco product and acts like a tobacco product, we're going to tax it like one."
That's the Kamala we see in the policy papers. She isn't a "vaping freedom" advocate. She’s a regulator.
Why the "Menthol Ban" Changed Everything
If you want to understand the current tension, you have to look at the Biden-Harris administration's attempt to ban menthol cigarettes. This wasn't just about smoking; it bled directly into the world of vaping.
The FDA, under the administration's direction, pushed hard for a total ban on menthol. The logic was clear: menthol makes it easier to start smoking and harder to quit, especially in Black communities where these products have been aggressively marketed for decades. But the backlash was swift. Civil rights groups, including the ACLU, warned that a ban could lead to "over-policing" in the very neighborhoods the policy was meant to help.
The administration blinked.
They delayed the ban—indefinitely. This move was a huge blow to public health groups like the American Medical Association (AMA), who felt the administration caved to political pressure during an election year. This hesitation is exactly why some people get confused about where Harris actually stands. Is she a hardline regulator or a pragmatist who knows when to pull back?
The Flavor War and the FDA
While the menthol ban for cigarettes stalled, the crackdown on flavored vapes did not. The FDA has been busy issuing Marketing Denial Orders (MDOs) left and right.
- Over 6.5 million product applications were submitted.
- The vast majority were rejected.
- Most of these were flavored disposables.
The goal? To stop the "youth vaping epidemic." But critics, like former GOP Senator Richard Burr, argue that while the FDA was busy crushing "reputable" companies like Juul, they left the back door wide open.
The Rise of the "Gray Market"
Here is the part nobody talks about enough. While the Biden-Harris administration was trying to regulate the big players, a massive wave of illicit Chinese vapes flooded the U.S. market. We're talking about products with names like "Elf Bar" or "Lost Mary" that technically aren't authorized for sale but are available behind the counter at almost every corner store.
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It’s a mess.
The administration created a "joint interagency task force" in late 2024 to deal with this, but it’s like playing Whac-A-Mole. For every brand they seize at the border, three more pop up with a different label. This is the "war on nicotine" that some critics say hurt the Harris ticket. Vapers are a weirdly loyal voting bloc. When you take away their favorite flavor and leave them with a shady, unregulated alternative from a gas station, they get annoyed.
What This Means for 2026 and Beyond
So, where are we now? As of January 2026, the landscape is shifting again. The Trump administration has moved to withdraw some of the pending FDA rules, including the menthol ban. This creates a stark contrast to the Biden-Harris era.
If you're trying to figure out the future of vaping in America, don't look at the memes. Look at the court cases. The Supreme Court has been weighing in on whether the FDA actually has the authority to ban flavors without a clear mandate from Congress.
What you should keep an eye on:
- State-level bans: Virginia just passed a law requiring a "vape directory" that goes into effect this year. If a product isn't on the list, it's gone.
- Harm reduction vs. Zero tolerance: This is the core of the debate. Should vapes be a tool to help people quit cigarettes, or are they a gateway drug for kids? Harris has consistently leaned toward the "gateway" side of the argument.
- Enforcement: Will the government actually stop the flow of illicit disposables, or will the "gray market" continue to dominate?
The bottom line is that the phrase Kamala on the vape represents a massive disconnect between political optics and actual enforcement. The administration tried to be the "public health" champion but got bogged down in the reality of illicit trade and political pushback.
If you want to stay ahead of this, stop waiting for a single federal ruling. The future of what you can buy—and where you can buy it—is being decided in state legislatures and boring courtroom hearings right now. Keep your eyes on the "directories" being built in states like Virginia and Alabama. That's where the real power is shifting.
Check your local state health department website for "tobacco product directories." These are the real-time lists of what is actually legal to sell in your area. If your favorite brand isn't there, expect it to disappear from shelves within 60 days. This is much more reliable than following federal "intentions" that often get stuck in the White House's Office of Management and Budget.