AGs Voice Concern Over Surge of Illegal Disposable E-Cigarettes Targeting Youth

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  • A bipartisan group of 33 AGs led by North Carolina AG Josh Stein sent a letter urging the FDA and Center for Tobacco Products to swiftly formulate and implement a strategic plan that adequately protects public health from the glut of child-friendly flavored disposable e-cigarettes currently on the market. In the letter, the AGs recommended prohibiting all non-tobacco flavors in e-cigarettes, enacting evidence-based limitations on nicotine in e-cigarettes, restricting marketing that attracts the youth, and closing the “disposable loophole”.
  • In addition, Indiana AG Todd Rokita sent a letter to the FDA expressing concern about the increasing use and marketing of illegal disposable e-cigarettes among the youth. While acknowledging the FDA’s recent interventions, like flagging dangerous e-cigarette exporters on the FDA’s “import red list” and issuing warning letters to producers, AG Rokita underscored that these measures are insufficient. He highlighted concerns about child-friendly flavored e-cigarettes, their availability to the youth, and the alarming potential of these products containing fentanyl.
  • AG Rokita suggested the FDA take enforcement actions against all illegal disposable e-cigarette products, not just some of them, and publish a definitive product list of illegal disposable e-cigarettes to provide clear guidance to law enforcement, wholesalers, and retailers.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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