The War on Flavors: FDA Fires the First Shot

Vapers who care about keeping flavored e-liquid available should start sharpening their pencils.

The FDA has issued a call for comments on regulation of flavored tobacco products, including e-liquids. As we reported previously, the wording of the FDA document betrays the agency’s intention to restrict supposedly “youth-appealing” flavors.The advanced notice of proposed rulemaking (ANPRM) will be published today in the federal register. Today is the first day of a 90-day period during which interested parties can make comments.

In the weeks ahead, vaping organizations like CASAA, SFATA, VTA, and the American Vaping Association will offer suggestions and advice for vapers and vape vendors on the content of their submissions to the FDA. Vaping360 will try to consolidate these, and publish guidance for our readers to use.

Meanwhile, a great place to start formulating ideas for your comments is Clive Bates’ December blog post about the possibilities and pitfalls of regulating flavors.

FDA Commissioner Scott Gottlieb issued a press statement yesterday to accompany the rulemaking. In it, he seemed to give weight to supposed evidence that flavored e-cigarettes are addicting youth, while also referring to the stories of passionate adult vapers as anecdotes.

“ We must also consider how best to address flavors in non-combustible products like e-cigarettes – given both their clear appeal to youth but also the potential role certain flavors may play in helping some adult smokers transition to potentially less harmful tobacco products,” said Gottlieb.

“I’ve talked to ex-smokers, who’ve told me that they quit cigarettes altogether and that they now vape,” he added. “And they’ve also told me it was the flavors that helped them make that transition off combustible cigarettes. Now I know anecdotes aren’t the same as data. And the ANPRM specifically seeks data on this issue.”

This is the second ANPRM the FDA has issued in less than a week. Last Friday, the agency called for public comment on a proposal to reduce nicotine in cigarettes. Both proposals are part of the comprehensive approach to nicotine and tobacco regulation Gottlieb announced last July.




Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s