AVA Cautions FDA And FTC Against War on E-Liquid Flavours

The American Vaping Association (AVA) applauds actions taken by the FDA and FTC in targeting deceptive marketing practices amongst vaping businesses, however urges the agencies that declaring war on flavoured products could have serious repercussions on public health.

Diane Caruana

May 7, 2018

Last week, the AVA, a nonprofit organization that advocates for fair and sensible regulations of e-cigarettes, spoke about the recent actions taken by the US Food & Drug Administration and the Federal Trade Commission. The organizations issued warnings to several e-cigarettes manufacturers, distributors, and retailers of flavoured vaping products about alleged violations of both the Food, Drug, and Cosmetic Act and the Federal Trade Commission Act.

Amongst the recipients of such warnings the are NEwhere Inc. (One Mad Hit Juice Box), Drip More, LLC (Candy King), and others whose e-liquid is sold in kid-friendly packaging. The FDA and FTC have requested responses from the companies in question, asking for reports on the corrective actions that will be taken.

The recent negative spotlight on Juul

Juul Labs announced that it will be spending $30 million to support state and federal initiatives to raise the minimum age to buy tobacco products to over 21.

Additionally, after the recent media frenzy surrounding Juul, the FDA sent warning letters to retailers believed to be selling Juul devices to minors, followed by a letter to Juul Labs. ln a statement last month, FDA Commissioner Scott Gottlieb released a statement announcing a series of new enforcement and regulatory steps. “First, we’re announcing that the FDA has been conducting a large-scale, undercover nationwide blitz to crack down on the sale of e-cigarettes – specifically JUUL products”, said Gottlieb.

Following this, Juul Labs announced that it will be spending $30 million to support state and federal initiatives to raise the minimum age to buy tobacco products to over 21, and towards research on how to prevent youth access to the products.

E-liquid flavours are important to adult vapers

President of the AVA Gregory Conley, applauds the actions taken by the FDA, however is concerned that the FDA may turn to flavours next. “Flavors are critically important to helping adults quit smoking, but that is no excuse for crass, bottom feeding marketing that violates US trademark laws. While we applaud this particular crackdown by the FDA, we are concerned that the agency will expand their campaign to include responsibly marketed flavored products that are popular with adults looking for alternatives to combustible cigarettes.”

“…we are disappointed that the FDA is continuing to neglect its obligation to focus on adults as well, as the FDA still refuses to to inform adult smokers that vapor products are far less harmful than cigarettes.” Gregory Conley, AVA

“Thus far, FDA Commissioner Scott Gottlieb has wisely focused his Youth Tobacco Prevention Plan on cracking down on youth access to nicotine products. Adding predatory marketing to his list is a sound move. Nonetheless, we are disappointed that the FDA is continuing to neglect its obligation to focus on adults as well, as the FDA still refuses to to inform adult smokers that vapor products are far less harmful than cigarettes,” concluded Conley.

Read Further: AVA