Local Governments Should Participate in FDA e-Cigarette Proposed Regulation Process

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Acknowledging that the current state of the e-cigarette market is akin to the Wild West, the Food and Drug e-cigAdministration has moved to issue regulations. As NPR’s Health blog reports, the proposed rulemaking would invite public comment. Some of the proposed regulations would include banning sales to minors, prohibiting free samples, banning vending machine sales unless a location does not permit minors, requiring warnings about nicotine and its addictive properties, and requiring listing the ingredients in e-liquids. Missing from the proposed regulations are bans on some of the more controversial “fruity” flavors that critics say lead to increased use by minors as young as middle school aged. While the FDA’s move represents a significant step in providing some clarity where none previously existed, state and local governments should consider providing input during the rulemaking process, including addressing issues such as local regulatory control. Whatever the FDA decides will impact the ability of local governments directly, but it remains to be seen whether that will be positive, negative or something in the cloudy area in between.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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