tightening of regulation on the vaping industry is continuing to change the
landscape of e-cigarettes.
month, President Donald Trump signed into law an act of Congress to raise the
legal age to purchase tobacco/e-cigarette products from 18 to 21. Now it has
been a taken a step further.
Administration announced late last week that vaping products that have fruit,
mint and other non-traditional tobacco flavors will have to be removed from
store shelves by Feb. 1. At that time, the Food and Drug Administration (FDA)
will begin to take enforcement action.
stressing it is not a ban, U.S. Health and Human Services Secretary Alex Azar
said the e-cigarettes should serve as an “off-ramp” for adults to transition
away from conventional smoking, not be the introduction to a generation of new
smokers. Azar added that all vape products are currently deemed to be illegal
because they are being sold without ever having been given FDA approval.
E-cigarettes are only allowed to be sold because the FDA can use its
enforcement discretion if it is deemed a ban is needed.
removal of the flavored e-cigarette cartridges (most commonly sold under the
brand name JUUL) and vaping pods does not include tobacco or menthol flavored
cartridges or tank-based systems sold in vape shops, since they were deemed not
to be popular among kids and teenagers and are overwhelmingly sold to adults.
to the most recent National Youth Tobacco Survey, in 2019 more than 5 million
kids and teens used e-cigarettes, an increase from 3.6 million in 2018. In the
same survey, it was determined that more than 1 million minors use e-cigarettes
fight to make it more difficult for youngsters to have access to tobacco
products and e-cigarettes has been a grass roots effort that started with
individual cities, counties and states to enact their own ordinances/laws if
the federal government or, in the case of cities and counties, their state
government, decided not to enact legislation. However, with the federal
government now on board, the speed of making significant change in addressing the
issue of children and vaping is picking up traction.