Vaping Isn’t Going to Be Quite So Tasty Anymore


  • The Federal Food and Drug Agency (“FDA”) announced its finalized enforcement policy regarding flavored e-cigarette products, prioritizing enforcement against unauthorized e-cigarette products with flavors like fruit and mint, which allegedly appeal to under-age users.
  • Under the FDA’s policy, which is designed to discourage youth vaping, companies risk FDA enforcement actions if they do not cease to manufacture, distribute or sell unauthorized e-cigarette products with flavors other than menthol and tobacco by February 1, 2020.
  • The FDA emphasized that its new enforcement policy is not a ban on flavored e-cigarette products and that the FDA could approve such products after reviewing a properly submitted application as set forth in the Tobacco Control Act.