San Antonio Express-News

FDA targets flavored e-cigs kids like

Move is in response to rise in teen vaping

- By Sheila Kaplan

WASHINGTON — With a few weeks left in his tenure as commission­er of the Food and Drug Administra­tion, Dr. Scott Gottlieb moved Wednesday to restrict sales of flavored e-cigarettes to try to reduce the soaring rate of teen vaping.

The agency issued a proposal requiring that stores sequester flavored e-cigarettes to areas off limits to anyone younger than 18. Retailers, including convenienc­e stores and gas stations, will be expected to verify the age of their customers.

“Evidence shows that youth are especially attracted to flavored e-cigarette products,” Gottlieb said in a statement, “and that minors are able to access these products from both brickand-mortar retailers as well as online, despite federal restrictio­ns on sales to anyone under 18.”

The rate of teenage vaping has risen sharply in the past few years, with 3.6 million middle and high school students reporting that they had vaped last year, study by the Centers for Disease Control and Prevention shows.

Teenage smoking, though, continues to be at record lows, alongside the general decline in smoking rates, a pattern that public health experts warn could be reversed if nicotine addiction spurred by vaping leads young people to traditiona­l tobacco products.

Last fall, the FDA began a crackdown on teenage vaping, threatenin­g to ban most flavored e-cigarettes and warning retailers to stop selling the products to minors. It stopped short of prohibitin­g the flavors.

But the proposal issued Wednesday outlines details for how retailers must wall off the areas where the products can be sold.

For stores open to consumers of all ages, the guidelines call for a physically separated room, a spokesman said, adding that stores can’t simply hang a curtain to create a space for flavored e-cigarettes.

Retailers, including convenienc­e store and gas station owners, are on Capitol Hill this week, lobbying against the FDA’s proposals. Some have threatened to fight the restrictio­ns in court.

Lyle Beckwith, a senior vice president for the National Associatio­n of Convenienc­e Stores representi­ng thousands of retailers, said the group didn’t believe the FDA had the authority to impose the new requiremen­ts.

“The Tobacco Control Act clearly indicates they cannot discrimina­te against a specific channel of distributi­on, which is exactly what they are doing,” he said.

Conservati­ve groups and vaping trade associatio­ns also have come out in opposition, saying the agency’s efforts to regulate

the e-cigarette industry amount to government overreach.

The new restrictio­ns don’t apply to menthol, mint or tobacco flavors, which the FDA wants to keep available for adults who are using e-cigarettes to quit smoking combustibl­e cigarettes.

The FDA will also track youth use of menthol and mint e-cigarettes, Gottlieb said. If they become too popular, he added, the FDA will reconsider the exemption.

Such a move would be especially harmful to Juul Labs. The vaping giant, under FDA pressure, already has moved sales of its flavored e-cigarettes online, except for menthol, mint and tobacco, which it sells in stores.

But some public health advocates say the moves are too late.

“While this announceme­nt sounds big and bold, it isn’t really,” said Micah Berman, an associate professor at The Ohio State University College of Public Health and Moritz College of Law. “The FDA’s announceme­nt exempts mint/menthol, which is the most popular flavor with kids and one that makes it easier to initiate use. And in any event, most kids are getting these products online or through older friends, not buying them in convenienc­e stores.”

The proposal also calls for banning the sale of many flavored cigars.

“The data also indicate that eliminatin­g flavors from cigars would likely help prevent cigar initiation by young people,” Gottlieb said.

Under the new rule, cigar companies would have 30 days to remove the products from the market and would have to apply for FDA approval to go back on the shelves.

In addition, all e-cigarettes, cigars and related products not on the market by Feb. 15, 2007, must seek FDA approval to sell them by August 2021. As part of their applicatio­n, manufactur­ers must prove that their products are beneficial to public health. The agency’s original deadline for these products to comply with new, tougher regulation­s was extended by Gottlieb from August 2018 to 2022. Wednesday’s action chops one year off that extension.

The plan issued Wednesday still is a draft, and must undergo a 30-day comment period before it can be finalized. It’s an unusual regulatory approach, neither a new rule, nor a voluntary guideline. Instead, the FDA is telling ecigarette makers that if their products are sold in violation of this request, they can be taken off the market, and forced to apply for agency approval. The FDA can do this under its discretion­ary enforcemen­t authority.

Gottlieb is scheduled to have stepped down by that time, and Ned Sharpless, director of the National Cancer Institute, was named this week to replace him as acting commission­er.

 ?? Joshua Bright / New York Times ?? Mentholfla­vored Juul e-cigarettes and other vape items are on display in a store in New York. Juul already has moved the sale of its other flavored products out of stores and put it online.
Joshua Bright / New York Times Mentholfla­vored Juul e-cigarettes and other vape items are on display in a store in New York. Juul already has moved the sale of its other flavored products out of stores and put it online.

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