FDA Issues First Federal Regulations on E-Cigarettes

The FDA has finalized a rule extending its authority over all tobacco products, including e-cigarettes, cigars, hookah, and pipe tobacco.

As a result, it will no longer be legal to sell these products—like traditional cigarettes—to individuals under age 18. The ruling comes following recent survey results reporting significant increases in the use of e-cigarettes and hookah among middle and high school students.
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The rule will go into effect 90 days after it was announced. Specifically, it will:

• Prevent these products from being sold to individuals under 18 years (in person and online)
• Require age verification by photo ID upon purchase
• Prevent the selling of covered tobacco products in vending machines
• Prevent the distribution of free samples of the products

It will also require manufacturers of these products to prove that their products meet public health standards set forth in the law and to receive marketing authorization from the FDA.

The FDA expects that the process of submission and review will take 3 years, during which time the manufacturers will continue selling their products.

—Michael Potts

Reference:
FDA. FDA takes significant steps to protect Americans from dangers of tobacco through new regulation [press release]. May 5, 2016. http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm499234.htm.