On September 12, 2018, FDA Commissioner Dr. Scott Gottlieb announced FDA’s Youth Tobacco Prevention Plan in response to the perception that use of e-cigarettes has become an “epidemic”.  Dr. Gottlieb’s concern is based on preliminary data from the National Youth Tobacco Survey, expected out in November, which suggests that the number of high-school-age children reporting use of e-cigarettes increased more than 75 percent from 2017 to 2018. As part of its effort, FDA sent letters inquiring about marketing practices to five manufacturers of cartridge based e-cigarette products that are widely used by youth. The letters suggest that FDA might ban flavored e-liquids if insufficient steps to curb youth use are not taken.

On November 2, 2018 FDA announced a pubic meeting on December 5, 2018 to discuss continued efforts to curb e-cigarette use and to aid cessation amongst youth. Topics of interest noted in Dr. Gottlieb’s press release focus on cessation and include:

Potential role of drug therapies to support cessation of e-cigarettes and traditional tobacco products use (including cigarettes and smokeless tobacco) amongst youth;

Behavioral interventions to aid in cessation;

Development of cessation drugs;

Development of methods, study designs, and measures for evaluating drugs for use in youth cessation; and

Funding opportunities for research on youth use, attitudes, and cessation

A November 8, 2018 article in the Washington Post indicates that FDA may, as early as next week, impose severe restrictions on the sale of flavored e-cigarette products in convenience stores and gas stations.  The ban would only apply to cartridge-based products.