The U.S. Food and Drug Administration’s (FDA) efforts to reduce youth vaping are taking shape with new proposals and stricter enforcement of existing regulations following a widespread investigation of e-cigarette businesses this year. With a multi-pronged approach to the problem of underage vaping, the FDA is addressing several main issues:
Sale of Flavored E-cigarettes in Convenience Stores/Gas Stations
This month, the FDA announced plans to ban flavored e-cigarettes from brick-and-mortar stores that don’t have age-restricted entry, or a barrier to an age-restricted area where those products are displayed. For example, cotton candy flavored e-juice could no longer be offered at a convenience store, unless that store has a separate room with an appropriate barrier and an age-checking system that keeps minors out of it. A curtain or section of the store that’s not completely walled off would be insufficient. Only tobacco, mint, and menthol flavors (which are more popular among adults, not kids) will be allowed at such retail outlets. According to the new proposal, sales of flavored vapes will be limited to smoke shops and online vape stores, where all entry and sales are age-regulated.
Product Packaging and Advertising
One of the FDA’s initiatives is to make vape products less appealing to children. According to a 2013-2014 survey, 81% of underage e-cigarette users said the appealing flavors were their primary reason for use. FDA has banned packaging with cartoons or other youth-oriented designs, such as lollipops, cookies, soda, etc. The vape industry as a whole has already taken great strides to fix this problem since then, but there’s still a long way to go.
This year, the FDA worked with other organizations to remove these kid-friendly flavors from the market. They partnered with the Federal Trade Commission to more aggressively target e-liquid manufacturers of products containing youth-oriented imagery, and worked with eBay to remove online listings of such products.
Brand infringement is another issue. For example, vape flavors cannot be named after specific cereals or at all resemble the branding of other companies. As of Aug. 10, 2018, packaging and all product advertisements must contain a health warning statement that says the product contains nicotine, and that nicotine is addicting.
Minimum Age to buy Vape Products
The FDA requires vape customers to be at least 18 years old. Retailers must check photo IDs for any customer appearing under 27, may not offer free samples, and may not offer products through a vending machine. This law has been in effect since Aug. 8th, 2016, but because of the rise in underage sales, it’s being more intensely enforced. More than 1300 warning letters and fines were issued this year to offenders connected to underage sales.
While some speculate that the FDA will raise the minimum age to 21, others argue that such a move would cause minors to turn to more harmful combustible cigarettes. Some states have made their own moves regarding the minimum age to buy vape products. While still 18 in most states, it is now:
*Maine has a grandfather clause that allows people who are between 18 and 20 at the time of its new law to still buy e-cigarettes, while those turning 18 after the date of the new law are subject to the 21+ requirement. Massachusetts has passed legislation, and the new 21+ law will go into effect Dec. 31, 2018. Similar to Maine, a grandfather clause will accompany it. Certain municipalities in Massachusetts have already raised the minimum age, but for those which haven’t, 18 to 20-year-olds will still be able to purchase tobacco products if they are of age when the law goes into effect.
The FDA is planning to increase its measures to prevent underage sales online. In a Nov. 15th release, FDA Commissioner Scott Gottlieb, M.D., said he’s directing the FDA’s Center for Tobacco Products (CTP) to publish additional information regarding best practices for online sales as soon as possible. AgeChecker.Net is prepared to adapt to any of these specifications once they are published by the FDA.
Pre-Market Approval
The current law for e-cigarettes says that products must undergo pre-market approval by the FDA before they enter the market, but in 2017 the FDA extended the compliance deadline to 2022, allowing the sale of vape products without those approvals. By Aug. 8, 2022, manufacturers must submit a pre-market application to the FDA for “new” e-cig products.
However, in the same Nov. 15th release, Dr. Gottlieb announces that he’s directing the CTP to revisit this compliance policy as it applies to vape products of all flavors except tobacco, mint, and menthol. The FDA cited a study showing that 21% of underage vapers used tobacco, mint, and menthol flavors, while 41% of adult vapers used those flavors, and recognize that they are a popular cigarette alternative for adults trying to quit.
Nicotine Awareness and Cessation Programs
This year, the FDA launched and expanded “The Real Cost” Youth E-Cigarette Prevention Campaign, among other programs, to educate minors about the health risks of using and becoming addicted to e-cigarettes. On Dec. 5, 2018, the FDA will hold a public hearing to discuss additional efforts to eliminate youth access. It already aims to create and strengthen drug therapies specifically set up to help minors quit, increase access to medicinal nicotine products like patches and gums, and educate the public about common misconceptions about vaping. According to FDA studies, some underage users don’t even realize there’s nicotine in vape products when they first try them.
All in all, we expect the FDA’s Comprehensive Plan for Tobacco and Nicotine Regulation to greatly affect the vaping community, and we’re ready to help businesses thrive in its future.
Striking the Right Balance
The FDA, like many other organizations and individuals, recognize that vaping is a healthier alternative to smoking combustible cigarettes. Emphasized in recent releases is how to strike the right balance between making the products available to adults who benefit from them while blocking youth access. As Dr. Gottlieb states in his release, “Any policy accommodation to advance the innovations that could present an alternative to smoking—particularly as it relates to e-cigarettes—cannot, and will not, come at the expense of addicting a generation of children to nicotine through these same delivery vehicles. This simply will not happen. I will take whatever steps I must to prevent this.”
Vape merchants must realize that their businesses’ future depends on active participation in the fight against underage vaping.
