“The new policy doesn’t change the letter of the law surrounding vaping, since from the FDA’s perspective, all vapes, as newer tobacco products, need agency authorization to be on the market legally. But in practice, the policy prohibits the production, distribution and sale of all flavored cartridge-based e-cigarettes, with the exception of menthol and tobacco flavors, after Feb. 1. After that date, unless a manufacturer can show that an unauthorized flavored cartridge is “appropriate for the protection of public health” and receive FDA authorization, the product will not be allowed on the market. The FDA also said it would take action against e-cigarette manufacturers if they do not take adequate measures to prevent teen access, or if they market to minors, regardless of whether their products are flavored or cartridge-based. The FDA does not consider its policy to be a ban. Nervertheless, University of Maryland Carey School of Law professor Kathleen Hoke told us she was skeptical that any non-menthol flavored pod product would receive premarket authorization.”
ARTICLE LINK:
Q&A on the FDA’s Flavored E-Cig Policy
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