Will The FDA Ever Actually Crack-Down On E-Cigarette Flavors?

On September 11th of this year, President Donald Trump announced that federal regulators would work to ban all non-tobacco e-cigarette flavors in response to the ongoing outbreak of severe lung illnesses that are linked to vaping devices and e-cigarettes. As of November of this year, there have been more than 2,000 cases of lung illnesses associated with vaping products and more than 30 deaths across 24 states.

A representative from the Food and Drug Administration went before the Senate Committee on Health, Education, Labor and Pensions on Wednesday. The director of the FDA’s Center for Tobacco Products, Mark Zeller, was asked by the Senate Committee when the ban on the flavored products would move forward. His answer consisted of referring them to the White House for a definite answer on the question, saying that the FDA is waiting for the current administration to make the final call.

Under the administration’s policy, all vaping flavors would be removed from the marketplace with the exception of the tobacco flavor. All other flavors would have to receive authorization, whatever that may entail, before hitting the market again.

Last week, the CDC reported that they might have had a breakthrough in investigating what possible chemicals could be causing these illnesses. The result? They found the toxin, vitamin E acetate, in 29 samples taken from patients in 10 different states. Although this correlation was found, more investigation should be completed before determining if vitamin E acetate is, in fact, the cause of the lung illnesses we’ve seen associated with vaping and e-cigarettes throughout the past year.

E-cigarette and Vape companies such as JUUL are currently taking steps to prevent minors from using their products. Last week, JUUL announced it would stop accepting orders of their mint flavored pods from retailers in an effort to keep them away from the hands of children.

The attorneys at Forester Haynie are currently assessing possible claims involving injuries caused by e-cigarettes or vaping devices. If you or a loved one have developed a lung illness that you believe was caused by the use of these products, contact us at info@foresterhaynie.com or call us at (214)210-2100.



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