The FDA Proposes A New Ban on the Sale of E-Cigarettes

Aug 13, 2014
Paul M. da Costa

As we recently blogged about, the e-cigarette industry has become a source of debate for legislators.  In our previous blog, we spoke about Senate investigations into the sale of e-cigarettes.  Many senators disapproved of the practices used by e-cigarette companies to market their product, which include many tactics that appeal to young adults.  For example, e-cigarettes are sold in flavors that would appeal to teenagers, such as Chocolate Chip Cookie Dough.  Of more concern is the fact that there has been little research conducted on the effects of e-cigarette use, yet companies actively market such products in glamorized television and print advertisements.

As reported by the New York Times, the Food and Drug Administration (FDA) recently proposed bans on the sale of e-cigarettes.  These bans prohibit the sale of e-cigarettes to minors under the age of 18 and require proof of age for the purchase of e-cigarettes.  However, the attorney generals of 29 states have called for stricter regulations, stating that the current regulations fail to address the issues of “characterizing flavors, the marketing of e-cigarettes, and the sale of tobacco products over the Internet.”  The attorney generals asked the FDA to ban flavors in e-cigarettes, much like the flavor-ban in traditional cigarettes. Likewise, the attorney generals sought bans on the marketing of e-cigarettes similar to the bans on marketing of regular cigarettes.

While some experts say e-cigarettes are safer than other tobacco products, little research has been done on the topic, so there’s no saying how e-cigarette use can affect minors.  Opponents say young adults may actually become more addicted to e-cigarettes than many think.

The current debate over e-cigarettes may give rise to personal injury litigation similar to claims made against tobacco companies regarding the sale of traditional cigarettes.  If you have been harmed by e-cigarettes, cigarettes, or tobacco, the personal injury and medical malpractice attorneys at Sarno da Costa D’Aniello Maceri LLC can help with your case.  Call us today at 973-274-5200.