FDA, States Act Against Electronic Cigarette Distributors

A message from the Tobacco Control Network regarding E-Cigarettes:

FDA acts against 5 electronic cigarette distributors
Yesterday, the U.S. Food and Drug Administration issued warning letters to five electronic cigarette distributors for various violations of the Federal Food, Drug, and Cosmetic Act (FDCA) including unsubstantiated claims and poor manufacturing practices. In a letter to the Electronic Cigarette Association, FDA said the agency intends to regulate electronic cigarette and related products in a manner consistent with its mission of protecting the public health. The letter outlines the regulatory pathway for marketing drug products in compliance with the FDCA. Click here to read the FDA’s press release, or click here to read the FDA’s Question & Answer page about e-cigarettes.

Related: State attorneys general take action against e-cigarette sales
Oregon: Oregon Attorney General John Kroger has announced an agreement with e-cigarette retailer Smoking Everywhere Inc. that will ban the sale and distribution of e-cigarettes in the state. Smoking Everywhere admitted to violating a state law by misrepresenting the safety of e-cigarettes and by targeting youth with e-cigarette marketing. Oregon is the first state to succeed in taking action against electronic cigarette distributors. Read more here.

California: California Attorney General Edmund G. Brown Jr. has reached a similar agreement with electronic cigarette maker Sottera. Under the settlement, the company has agreed not to sell e-cigarettes to minors; sell flavored e-cigarette cartridges that could appeal to minors; advertise its product as a smoking cessation device without FDA approval; sell cartridges containing vitamins until there is evidence to support the implied health claim; and claim that the product is safer than cigarettes until there is evidence to support the claims. Brown has filed a lawsuit against Smoking Everywhere over similar concerns. Click here for more details about the prohibitions on e-cigarette sales in California.

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