Public Trust Tracker

INV-031 · Money & ethics · Donors and policy

Flavored vapes allowed after $5M Reynolds gift

Stage 2 of 5: Inquiry · Letters and records requests · Last development 3 Aug 2026

RAI Services Company, a Reynolds American subsidiary, gave MAGA Inc. $5 million on 30 April 2026, bringing its total to $8 million, FEC filings show. Two days later a Reynolds executive and company lobbyists had lunch with Trump at his Florida golf club, and during the lunch Trump phoned top health officials about e-cigarette regulation, according to The New York Times. On 8 May the FDA issued enforcement guidance that allows some flavored vapes with pending applications to be sold, and FDA Commissioner Makary resigned on 12 May. Sen. Ron Wyden opened an inquiry in August 2026.

The timing comes from news reports and FEC records. The New York Times said there was no definitive evidence linking the guidance to the lunch or the donation, and the White House says the policy rests on science. The FDA had already issued draft guidance easing some flavored-product applications on 11 March 2026, before the April donation.

Donald Trump
People
Donald Trump, Marty Makary, Robert F. Kennedy Jr., Mehmet Oz, Jeff Raborn
Agencies
HHS
Reviewed by
Press, Senate Democrats

Money involved

  • $8 million Reynolds (RAI) to MAGA Inc., total (Donations from people with business before the government)

Timeline

  1. Senate Finance Committee ranking member Ron Wyden wrote to HHS Secretary Kennedy and to Reynolds American seeking documents on the 2 May lunch, the 8 May directive and the $5 million donation, with responses due 31 August 2026. [9]

  2. Wyden's letter to Reynolds American CEO David Waterfield asked what Raborn requested of Trump at the 2 May lunch, and for records on the decision to give $5 million to MAGA Inc. [10]

  3. The New York Times reported that CDC's Office on Smoking and Health had been shut for more than a year after layoffs, and that the Tips campaign went off the air around September 2025. [7]

  4. Sens. Durbin, Warren, Markey, Merkley, Blumenthal and Reed write to Reynolds American CEO David Waterfield asking about flavored-vape applications, contacts with FDA, HHS and the White House, and donations to MAGA Inc. Answers were due 2 Jul. [11]

  5. The New York Times reported the donation, lunch and policy sequence. [3]

  6. Makary resigned. NPR quoted a federal health official who said the decision 'came down to the fruit-flavored vape issue.' Trump said Makary 'was having some difficulty.' [5]

  7. FDA issued enforcement-priorities guidance: it would not prioritize enforcement against certain non-tobacco-flavored e-cigarettes that have a pending, accepted application, unless they have features that appeal to minors. The guidance was issued outside notice-and-comment rulemaking. [4]

  8. Reynolds executive Jeff Raborn and two Ballard Partners lobbyists, along with two Altria executives, reportedly had lunch with Trump at his golf club in Jupiter, Florida. Trump reportedly called Makary, then Kennedy and Oz, to complain about FDA e-cigarette regulation. [3]

  9. RAI Services Company gave MAGA Inc. $5,000,000 (FEC May monthly report). This was about half of the super PAC's $9.6 million in April receipts. [2]

  10. FDA issued draft guidance that 21 state attorneys general later said would ease approval for some flavored e-cigarettes, such as menthol, mint, coffee and tea. [8]

  11. RAI Services Company gave MAGA Inc. $1,000,000, bringing its 2025 total to $3,000,000 (FEC year-end report). [1]

  12. CBS News reported that CDC's 'Tips From Former Smokers' ad campaign would stop at the end of September 2025 because its contract was not renewed. HHS had announced in March 2025 that CDC chronic-disease programs, including the Office on Smoking and Health, would be eliminated or reorganized. [6]

Responses

  • White House (spokesperson Kush Desai): "The only guiding factor behind the Trump administration's health policymaking is gold standard science." He said the vape and pouch policy is rooted in evidence that the products can help adults quit smoking. [3]
  • MAGA Inc. (spokesperson Alex Pfeiffer): The PAC "is pleased to accept legal contributions from those who agree with President Trump's America First agenda." [3]
  • Reynolds American: Did not respond to the New York Times' request for comment. [3]
  • HHS (spokesperson Emily Hilliard): On the tobacco program cuts: CDC "remains committed to tobacco prevention and control." [7]

Who is acting on it

  • Letter Sen. Dick Durbin (D-IL), Sen. Elizabeth Warren (D-MA), Sen. Ed Markey (D-MA), Sen. Jeff Merkley (D-OR), Sen. Richard Blumenthal (D-CT), Sen. Jack Reed (D-RI): Asked Reynolds' CEO about vape applications, government contacts and the MAGA Inc. donations (4 Jun 2026, No reply or result recorded yet)
  • Letter Sen. Ron Wyden (D-OR): Asked Kennedy and Reynolds for records on the lunch, the vape guidance and the $5M gift (3 Aug 2026, No reply or result recorded yet)

Sources

  1. FEC, MAGA Inc. Year-End 2025 report, Schedule A
  2. FEC, MAGA Inc. May 2026 Monthly report, Schedule A
  3. New York Times (via West Hawaii Today), 20 May 2026
  4. NACS, 11 May 2026
  5. NPR (via WUNC), 12 May 2026
  6. CBS News, 26 Aug 2025
  7. New York Times (via Philadelphia Inquirer), 6 Jul 2026
  8. California Attorney General, 12 May 2026
  9. Sen. Wyden letter to Secretary Kennedy, 3 Aug 2026
  10. Sen. Wyden letter to Reynolds American, 3 Aug 2026
  11. Sen. Durbin et al., letter to Reynolds American, 4 Jun 2026 (PDF)

Cite this case

Public Trust Tracker. "Flavored vapes allowed after $5M Reynolds gift" (INV-031). Last updated 3 Aug 2026. https://publictrusttracker.org/case/inv-031-flavored-vapes-allowed-after-5m-reynolds-gift/

Suggest a fact check