FDA Bans Some—But Not All—Flavored-nicotine Vaping Products
The U.S. Food and Drug Administration (FDA) issued its final rule
last week regulating certain flavors of nicotine vaping products in an attempt to curb teen use. The rule
was the Trump administration’s response to
last year’s spike in deaths caused by e-cigarettes and vaping products.
Under the new rule, which takes effect in 30 days, companies
that do not stop the distribution of the sweeter flavors that appeal to kids risk
enforcement action. Companies are also at risk of regulatory action if their products
target kids or if they fail to take adequate measures to prevent access to children.
However, they will still be able to sell tobacco and menthol-flavored pods for
adults who use the products to quit smoking.
The
rule tries to appease both sides of the vaping debate—on one side the parents,
anti-smoking advocates and health professionals who are all concerned about these
products’ health impact and, on the other, the vaping stores, tobacco companies
and adults who are trying to quit smoking who are all focused on consumers having
access to the products. This was echoed in U.S. Secretary of Health and Human
Services Alex Azar’s comment, “by prioritizing enforcement against the products
that are most widely used by children, our action today seeks to strike the right
public health balance by maintaining e-cigarettes as a potential off-ramp for
adults using combustible tobacco while ensuring these products don’t provide
an on-ramp to nicotine addiction for our youth.”
The American Medical Association and other health advocates noted that the rule
was not enough but was instead a “good first step.”