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FDA Released Draft Guidance on E-cigarette Sale Restrictions

On March 13, The Food and Drug Administration (FDA) released much anticipated draft guidance​ designed to restrict how and where flavored e-cigarettes are sold.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This draft guidance would set requirements for physical stores and online retailers that sell flavored e-cigarettes. Under the draft guidance, physical stores would be able to sell flavored e-cigarettes only if they restrict entry to individuals over age 18, or if they keep the products in a separate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 The draft guidance also would require online retailers to tighten their age verification methods.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. .​

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