January 09, 2020

FDA Finalizes Enforcement Stance Regarding Certain Flavored Vaping Products

As part of an effort to prevent nicotine abuse among young people, the FDA announced last week that it had finalized a policy that prohibits the sale of certain flavored vaping products that appeal to children. The FDA intends to prioritize enforcement against the following Electronic Nicotine Delivery Systems (“ENDS”) that are not FDA approved: (a) cartridge-based ENDS products which are flavored with flavors other than tobacco or menthol; (b) ENDS products for which the manufacturer has failed to take “adequate measures” to prevent access by minors; and (c) ENDS products that “targeted to minors” or whose marketing is likely to promote minors’ use of the product. Companies that do not cease manufacture, distribution, and sale of such products within 30 days risk further FDA scrutiny. After May 12, the FDA will prioritize enforcement against the sale of such ENDS products still being sold for which premarket applications have not been submitted.