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Litigation Update: Ban to Several E-Cigarette Flavors is Announced

Litigation Update: Ban to Several E-Cigarette Flavors is Announced

On January 2nd, the Trump administration announced a plan to ban several e-cigarette pods flavors with the exemption of menthol and tobacco flavors and other devices for flavored liquid nicotine.

The intention of this partial ban is to take off the market the key flavors that purportedly appeal to youth the most, and thus help reduce teen vaping and slow down the fast-growing addiction and health-related issues affecting young users. The stated reasoning for targeting pods first is that while adults tend to buy the refillable open containers, the younger consumers strongly prefer flavored pods. Keeping the open containers’ flavors available, allows a large number of adult smokers to continue using e-cigarettes as their method to transition to an allegedly less harmful form of smoking.

The original plan by the current administration had contemplated banning all products. However, it is believed that because of strong lobbying by the vaping industry, the plan has been changed to eliminate instead the main products that attract teens the most while protecting the vaping industry and the jobs it generates.

Vaping companies will have a month to stop manufacturing, distributing and selling the identified products. Companies who continue selling those products beyond that time will have to confront FDA regulations. Manufacturers will have the opportunity to submit their products for rigorous FDA approval by May and reintroducing them to the market if approved.

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