Virginia AG: Increase Federal Regulation of Vapes – No Ifs, Ands, or Butts

Cozen O'Connor
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Cozen O'Connor

  • Virginia AG Jason Miyares sent a letter to the FDA urging the agency to take action to prevent the distribution of illegal Electronic Nicotine Delivery Systems (ENDS) products, such as e-cigarettes and vapes.
  • In the letter, AG Miyares argues that increased federal enforcement and regulation is necessary to curb the influx of illegal ENDS products—which he asserts could be at risk of being laced with fentanyl—and that not enough is being done to restrict youth access to such products despite the FDA’s ban on the use of flavors that appeal to children.
  • AG Miyares requests that the FDA publish an internet resource with a clear list of currently FDA-approved ENDS products to enable state legislatures to create state retail licenses/permits (as are used for tobacco products), and that the agency prioritize partnerships with state law enforcement agencies on their enforcement efforts.

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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