Parker Waichman LLP

02/14/2020 | News release | Distributed by Public on 02/14/2020 17:25

Flaw Exposed in FDA Crackdown on Vaping Products

WASHINGTON, D.C. - Brand new regulations recently took effect that aims to stop underage use of flavored vaping products and they are already outdated. FOX59 has learned that the new vaping regulations do not cover so-called disposable flavored vaping products. The restrictions went into effect on February 6, 2020. However, younger vaping consumers, perhaps in anticipation of the impending law change, began using disposable flavored vaping products made by brands such as Stig, Fogg, and Puff Bar. Experts worry that kids will see disposables as the latest and greatest trend and switch to buying them. The FDA confirmed that the loophole exists.

The FDA, beginning on February 6, 2020, banned flavored Juul and e-cigarette products. Only traditional tobacco and menthol flavors may be purchased legally. Critics of the policy feel that the regulations stop short of fully addressing the problem. The FDA tried to defend its position by arguing that statistics support their decision.

The FDA said that the agency should target reusable vaping devices like Juul and e-cigarettes because teens and school-aged children favor rechargeable devices at a much higher rate than disposables. The FDA said that 60% of underage kids who vape prefer rechargeable vaping devices that work in conjunction with pods or cartridges already filled with a solution containing nicotine. However, the FDA ignored disposable vaping products that are self-contained.

The FDA's head regulator said that the agency could attack any product which targets teens. As always seems to be the trend, the youth is one step ahead of the establishment. Teens learned that disposable vaping products are easily concealable because they are smaller in size than a Juul or any other electronic cigarette. Kids do not mind throwing the disposable item away.

School administrators and even vape shop owners observed a shift in consumer trends. High school principals have seen discarded Puff Bar vape pens on school campuses, and vape sellers are beginning to stock more of the disposable vaping products because of the increased demand.