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Prevention Action Alliance
Our Thoughts on Restricting Flavored E-Cigarettes

In 2009, the Family Smoking and Tobacco Prevention Act banned the sale of cigarettes with flavors other than menthol and tobacco. This ban, however, hasn’t impacted e-cigarette companies, which have used flavors like Candy Crush, Cotton Candy, and fruit flavors to attract young people to their products. Those same companies have spent millions of dollars lobbying against bans and restrictions on those flavored, kid-friendly products. Despite those lobbying campaigns, a few cities and the state of Michigan have banned flavored nicotine products.

Last week, amid an outbreak of vaping illnesses nationwide, the Food and Drug Administration announced that they would require flavored e-cigarettes to undergo pre-market authorization. In other words, they’ll have to ask the FDA for permission to sell flavored e-cigarettes. Some headlines have called this a ban, and we hope and expect that the FDA will curtail most flavored e-cigarette liquids. The rule will take effect in coming months, but the exact timeline is not clear. According to the press release, the rules implementing the change will be finalized “in the coming weeks.” Once those rules are issued, they should take effect in 30 days.

Taking flavored e-cigarettes off the market is a stand against advertising to children. That stance, however, must be strong. Now is the time to advocate for regulations that protect young people.

There are some areas that we believe need to be carefully thought out:

How will the FDA enforce this new rule?
Will flavored e-cigarettes be totally banned?
What will be done to help the thousands of people, including teenagers, addicted to nicotine because of these flavored e-cigarettes?
Will the vaping industry be held accountable for marketing to teens (and how will they be held accountable)?

We’re not alone in our concerns. In Congress, there is bipartisan movement for the FDA to address other concerns, such as making e-cigarettes tamper-proof and ensuring young people don’t transition to combustible cigarettes. Still others say the FDA should require all e-cigarettes to undergo a review before they can be sold at all.

Soon, the FDA will issue that policy. When they do, we expect there will be a period for public comment. We urge you to make your concerns heard during that time.


 
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