US Vape Businesses To “Cease Manufacture, Distribution and Sale” Of Flavoured Pods

Two days ago, the FDA released the much anticipated guidance pertaining to flavoured vaping products. “Companies that do not cease manufacture, distribution and sale of unauthorized flavored cartridge-based e-cigarettes (other than tobacco or menthol) within 30 days risk FDA enforcement actions,” reads the opening sentence.

The guidance went on to explain that to date, no ENDS products have been authorized by the FDA, “-meaning that all ENDS products currently on the market are considered illegally marketed and are subject to enforcement, at any time, in the FDA’s discretion.”

Thankfully, large, tank-based vaping devices, which are primarily sold in vape shops and cater to adult smokers, will be exempt from the ban.

The new flavour restrictions were explained as follows:

“Beginning 30 days from the publication of the notice (2nd January) of availability of this guidance in the Federal Register, the FDA intends to prioritize enforcement against these illegally marketed ENDS products by focusing on the following groups of products that do not have pre-market authorization:

Any flavored, cartridge-based ENDS product (other than a tobacco- or menthol-flavored ENDS product);
All other ENDS products for which the manufacturer has failed to take (or is failing to take) adequate measures to prevent minors’ access; and
Any ENDS product that is targeted to minors or likely to promote use of ENDS by minors.”  Enditem