FDA Takes Aim at Flavors

Published 1 week ago

on March 13, 2019

ByAngela Garrity

The FDA is aiming at flavored tobacco products, putting flavored cigars and e-cigarettes on enforcement notice.  

The proposal would ban some brick and mortar stores from selling flavored tobacco products (cigars and e-cigarettes), unless the store can prevent minors from entering or they can create a separate area for flavored products – all out of minor accessibility. Mint, menthol and tobacco are excluded.

The proposal also restricts online sales of flavored tobacco products by requiring retailers to use age verification tools before allowing the sale to be completed. Products sold online must have independent, third-party age- and identity-verification services that compare customer information against third-party data sources, such as public records.

The FDA also notified ENDS producers that part of this draft guidance verifies the FDA’s expectations of all flavored END products (other than tobacco-, mint-, and menthol-flavored) that remain on the market under circumstances to limit youth access and appeal also submit their premarket applications by Aug. 8, 2021. This cuts the PMTA process due date by a full year. The FDA refers to this piece in the statement as “an important change in our expectations and enforcement priorities.”

The FDA also goes on to expand on making enforcement of unauthorized ENDS products that target minors or are like to promote use by a minor a priority.

“Any efforts that entice minors to use tobacco products are of particular concern to the FDA. For example, the agency has already issued warning letters for products that resemble kid-friendly foods and drinks or that resemble other non-ENDS products that are often consumed by youth. Manufacturers and retailers are on notice that we’ll continue to be vigilant about efforts to make tobacco products that appeal to kids.”

With this announcement in policy changes, the FDA expects some flavored e-cigarette products will no longer be sold at all, other flavored e-cigarette products that continue to be sold will be sold only in a manner that prevents youth access, while premarket authorization for these products is sought from the FDA by 2021 as well as some flavored cigars will no longer be sold.

Read the full FDA statement here.

Angela Garrity is a Contributing Writer and Social Media Manager for both Vape News Magazine and CBD Magazine. Contact her at Angela@vapemz.com.

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