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Tag: legal

  • FDA’s Makary Wants Retailers to Crack Down on Illegal Nicotine Products

    FDA’s Makary Wants Retailers to Crack Down on Illegal Nicotine Products

    The U.S. Food and Drug Administration (FDA) Commissioner Dr. Marty Makary issued a statement today (September 30) announcing that the organization is launching a nationwide initiative to boost compliance among retailers that sell vaping products, part of a broader effort to address the rise of youth vaping. The campaign is scheduled to reach more than 300,000 stores, including vape shops, gas stations, and convenience stores.

    According to the FDA, as much as 54% of vaping products sold in the United States are illegal, many flavored with fruit or candy, or packaged with gimmicks like built-in video games and Bluetooth speakers. None of these products are authorized for sale, and regulators warn they often contain toxic chemicals such as formaldehyde, lead, and acrolein.

    To help retailers comply, the FDA is mailing educational packets that include a list of the 39 e-cigarettes and 20 nicotine pouches legally allowed on the market, along with QR codes linking to real-time updates online. Retailers will also receive information about the new Searchable Tobacco Product Database, covering more than 17,000 authorized products across all categories, plus a calendar of compliance reminders such as enforcing the minimum age of 21 and checking photo IDs.

    “We know that most businesses want to follow the law,” Makary said in the statement. “The purpose of this initiative is to help retailers better understand relevant laws and regulations, removing any excuses for noncompliance. We are particularly interested in increasing compliance around the distribution and sale of illegal vaping products, which are often marketed to, and widely consumed by, American teens.”

    Mailings will begin this fall, and additional free resources are available through the FDA’s Tobacco Education Resource Library.

    “Retailers are on the front line of protecting youth and young adults from the dangers of nicotine addiction, and we urge them to take this responsibility seriously by swiftly pulling illegal e-cigarettes from their store shelves,” said Kathy Crosby, CEO of Truth Initiative, who points out that illicit products are cheap and easier to get than ever. “Voluntary compliance is important, but it’s imperative that the FDA do more to hold those retailers, distributors and manufacturers who continue to break the law accountable.”

    Read the entire FDA statement here.

  • Korean Bill Stalls in Defining “Tobacco”  

    Korean Bill Stalls in Defining “Tobacco”  

    Today (February 10), a bill in South Korea that includes liquid-type electronic cigarettes in the legal definition of “tobacco” did not pass the Economic and Financial Subcommittee of the National Assembly. Some members raised concerns about the credibility of the government’s findings, noting that synthetic nicotine is harmful, similar to existing tobacco products, and opposed the bill. There were also arguments that decisions should be deferred considering the survival rights of the liquid tobacco industry.

    The main point of the amendment is to expand the definition of “legal tobacco” to include liquid-type electronic cigarettes that use synthetic nicotine as a primary ingredient. Under current law, tobacco is defined as “the leaves of the tobacco plant.” Electronic cigarettes containing synthetic nicotine are not classified as legal tobacco.

    The issue, critics say, is that liquid-type electronic cigarettes have a similar addictive quality to existing tobacco products and are effectively used as tobacco, however, because of the legal definition question, they escape various regulations and taxation.

    Last December, the Economic and Financial Subcommittee held a public hearing related to the amendment of the Tobacco Business Act where both ruling and opposition party members reached a consensus that liquid-type electronic cigarettes should be regulated legally as if they were tobacco. However, in a closed-door meeting later that day, differing concerns were raised regarding the government’s findings.

    “There is a consensus among ruling and opposition party members to define and regulate liquid-type electronic cigarettes as tobacco,” one of the members of the Economic and Financial Subcommittee said. “However, additional discussions are needed on how to flexibly apply the Tobacco Business Act considering the survival rights of sales vendors.”