How the New

FDA Flavor Ban
Will Affect You.

Today, adult consumers can purchase vapor products in a variety of flavors at convenience stores, gas stations, vape shops and others.

In November 2018, FDA announced that they were planning to place restrictions on flavored vapor products and on March 13, 2019, they came out with their proposed restrictions.

> Will I still be able to purchase my favorite vape flavor?

Most likely, though it might start to become difficult.

If you vape tobacco, mint or menthol flavors, access to those products would not come under the proposed restrictions. If you vape any other flavors, the FDA plans to restrict your access.

Under FDA’s proposal, flavored vape products other than tobacco, mint and menthol flavors would be sold only in age-restricted, in-person locations. Online stores need to impose “heightened practices for age verification. Stores will need to construct restricted areas for flavored vape products. We don’t yet know for certain what “restricted area” means. However, FDA Commissioner Dr. Gottlieb stated that “a curtain won’t cut it,” and neither will placing products under counters: anywhere minors can enter without getting carded will be off limits for flavored vape products. If you don’t vape tobacco, mint, or menthol flavors, you’ll probably find yourself in a sectioned-off area to buy your favorite flavored vape products.

If you shop online for a unique flavor, your online store will have to provide “heightened practices for age verification.” This means they must develop or implement independent, third-party age verification and limit the quantity a customer can purchase at one time.

As with any change in government policy, retailers will need time and money to put into complying with the new restrictions. If your online store cannot or does not comply, you may not have access to your favorite products.

Even if retailers comply with these new restrictions and build self-contained areas in their store to sell vapor products, the FDA’s proposal may also make it harder for manufacturers to keep their products on the market.

The agency has said that they “expect that some flavored e-cigarettes will no longer be sold at all.”

So, is there a proposed FDA flavor ban on vape products?

No. The FDA has proposed restrictions on flavored vape products, but not a ban. Most likely, your shopping experience would be different. Even if you vape unrestricted flavors, changes made to accommodate the new restrictions may affect you.

For example, online stores may apply heightened age-verification to all shoppers. More vape stores likely will start checking ID at the door. Convenience stores may shift product offerings altogether, change their checkout processes, or limit the ability to browse.

You can make your voice heard and tell the FDA how you feel about the proposed vapor restrictions. The agency has asked for public comments on this proposal for a limited time. To see FDA’s full proposal, you can click here. To share your opinion and play a role in the process, you can submit a comment to the FDA by clicking the button below.

Together, we can make a difference.