The U.S. Food and Drug Administration said Sept. 11, that it will finalize a compliance policy in the coming weeks to prioritize the enforcement of the premarket authorization (PMA) requirements for non-tobacco flavored e-cigarettes.
Flavored vaping products have increasingly come under fire from critics who say that candy flavors like cherry, peach and lemon, as well as other sweet flavors like strawberry ice cream and cookie dough, appeal to teenagers and younger children. The FDA ban would also include mint and menthol.
“The Trump Administration is making it clear that we intend to clear the market of flavored e-cigarettes to reverse the deeply concerning epidemic of youth e-cigarette use that is impacting children, families, schools and communities,” said Health and Human Services Secretary Alex Azar in a press statement. “We will not stand idly by as these products become an on-ramp to combustible cigarettes or nicotine addiction for a generation of youth.”
The FDA said that all electronic nicotine delivery system (ENDS) products currently on the market are not being legally marketed and are subject to government action. The agency said it will prioritize enforcement of the PMA requirements for non-tobacco-flavored e-cigarettes and vaping products, clearing the market of unauthorized products.
There is strong sentiment in the vaping community that e-cigarette use is a valid and effective alternative to combustible cigarettes, and c-store retailers say that they have high compliance rates with sales regulations aimed at keeping those products out of the hands of minors.
Most recently, Michigan Gov. Gretchen Whitmer last month issued a moratorium on the sales of non-tobacco flavored vape and e-cigarettes in the state for six months, making it the nation’s first such statewide ban. In June, the California cities of San Francisco and Beverly Hills passed legislation banning vape and e-cigs, as did Boulder, Colo.