The FDA has responded to a Wall Street Journal article titled “FDA Discusses Banning Online Sales of E-Cigarettes” that has been picked up by many news outlets. The article revealed that FDA had held talks regarding potentially banning online e-cigarette sales, but FDA noted this is inaccurate.
“The FDA did not raise or weigh in on potential regulatory options—including any potential restrictions on e-cigarettes or any other particular product category—during these listening sessions,” said Mitch Zeller, director of the FDA’s Center for Tobacco Products. “Any details about the agency’s intent to regulate additional categories of tobacco products will be made publicly available to all interested parties at the same time, through the issuance of a proposed rule.”
The FDA currently regulates cigarettes, cigarette tobacco, roll-your-own tobacco and smokeless tobacco. The Family Smoking Prevention and Tobacco Control Act (TCA) permits the FDA to deem other “tobacco products” to be subject to the Federal Food, Drug and Cosmetic Act by regulation. The agency has announced its intent to issue a proposed rule deeming products meeting the definition of a “tobacco product” to be subject to FDA regulation.