The much-anticipated announcement will mean that only tobacco, mint
and menthol e-cigarette flavors can be sold at most traditional
retail outlets such as convenience stores. Other fruity- or
sweet-flavored varieties can now only be sold at age-restricted
stores or through online merchants that use age-verification checks.
The FDA also plans to seek a ban on menthol cigarettes, a longtime
goal of public health advocates, as well as flavored cigars.
FDA Commissioner Scott Gottlieb said the moves are meant to prevent
young people from continuing to use e-cigarettes, potentially
leading to traditional cigarette smoking.
"I will not allow a generation of children to become addicted to
nicotine through e-cigarettes," Gottlieb said.
The agency has faced mounting pressure to act on e-cigarettes amid
their surging popularity among U.S. teenagers in recent years. One
of the most popular devices, made by San Francisco-based Juul Labs
Inc, has become a phenomenon at U.S. high schools, where "Juuling"
has become synonymous with vaping.
E-cigarettes vaporize a liquid containing nicotine, the addictive
stimulant that gives smokers a rush. They are widely believe to be
less harmful than combustible cigarettes, but the long-term health
consequences of using the devices are unknown.
Data released on Thursday by the FDA and the U.S. Centers for
Disease Control and Prevention showed a 78 percent increase in high
school students who reported using e-cigarettes in the last 30 days,
compared with the prior year.
More than 3 million high school students, or more than 20 percent of
all U.S. high school students, used the products, along with 570,000
middle school students, according to the survey.
SUPPORT TO RESTRICT YOUTH ACCESS
Juul and tobacco giant Altria Group Inc had announced measures to
pull flavored e-cigarette products from retail outlets, after the
FDA threatened in September to ban Juul and other leading
e-cigarette products unless their makers took steps to prevent use
by minors.
Juul, Logic, a unit of Japan Tobacco Inc, Altria, which makes
e-cigarettes under the MarkTen brand, British American Tobacco Plc
(BAT) and Imperial Brands Plc, the maker of blu e-cigarettes, all
said they supported efforts to reduce youth access.
Altria said it believes the devices have the potential to be "less
harmful products that can deliver nicotine to adults who want them."
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Imperial said it was developing a technology that can lock the
devices if an underage person tries to use it.
BAT said that while "flavors play an important role in an adult
smoker’s transition out of smoking, we understand the FDA’s concern
that some flavors can play a role in increasing youth appeal."
E-cigarettes have been a divisive topic in the public health
community. Some focus on the potential benefit of shifting lifelong
smokers to less harmful nicotine products, while others fear it will
create a new generation addicted to nicotine.
Last year the FDA under Gottlieb extended until 2022 a deadline for
many e-cigarette products to comply with new federal rules on
marketing and public health. Today's restrictions on flavors are
interim measures that companies must follow before submitting
detailed plans before the deadline.
The new rules on e-cigarette flavors mean that many of the sweet and
fruity varieties believed to be most popular among minors will only
be available in stores such as vape shops or tobacco shops that do
not allow under-age people inside.
Stores could also have a separate, age-restricted section that
allows sale of other flavors, the FDA said.
FIERCE RESISTANCE TO MENTHOL BAN
The agency cited survey data showing that mint and menthol flavors
were more popular with adult e-cigarette users than teenagers.
Anti-tobacco and public health groups commended the FDA on its
proposed ban on menthol cigarettes, which data show are far more
popular among young smokers and particularly young
African-Americans.
Any move to ban menthol is expected to face fierce resistance from
the tobacco industry.
Menthol cigarettes represent more than 30 percent of U.S. cigarette
volumes and approximately 55 percent of BAT's U.S. volumes, through
its Newport brand, according to a research note from
AllianceBernstein earlier this week.
The FDA must go through a rulemaking process, which requires
significant public comment before finalizing any regulation on
menthols.
Imperial, BAT and Altria said the ban on menthols or flavored cigars
was not supported by science and evidence.
(Reporting by Chris Kirkham in New York; Editing by Jeffrey Benkoe
and Marguerita Choy)
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