On March 13, The Food and Drug Administration (FDA) released much anticipated draft guidance designed to restrict how and where flavored e-cigarettes are sold. This is an effort to combat what the FDA commissioner, Scott Gottlieb has called “an epidemic” of underage vaping.
This draft guidance would set requirements for physical stores and online retailers that sell flavored e-cigarettes. Under the draft guidance, physical stores would be able to sell flavored e-cigarettes only if they restrict entry to individuals over age 18, or if they keep the products in a separate section that is only accessible to individuals ages 18 and older. The draft guidance also would require online retailers to tighten their age verification methods. The agency said companies that violate those conditions would be subject to FDA enforcement actions — including having their products ordered off the market. The FDA also moved up the deadline to August 2021 which would require flavored e-cigarette companies to submit product applications for FDA approval to remain on the market. .