While FDA’s Proposed e-Cigarette Rule is Pending, FTC Mulls Enforcement Action
From: JDSupra Business Advisor
by Jonathan Havens, Anthony “Tony” Pavel | Morgan Lewis
Ahead of finalizing FDA’s tobacco products “deeming” rule, the FTC considers taking enforcement action against e-cigarette firms for violative advertising, marketing, and sales practices.
Background
It has been nearly a year since the US Food and Drug Administration (FDA or the Agency) published a proposed rule establishing, for the first time, federal regulatory authority over electronic cigarettes (e-cigarettes), cigars, pipe tobacco, dissolvable tobacco products, and nicotine gels (deemed tobacco products).[1]
As discussed in our previous LawFlash on the subject,[2] the “deeming” rule would ban the sale of e-cigarettes, cigars, pipe tobacco, and other products to those under age 18; require warning statements on product packages and in advertisements; and require manufacturers to register and list products with the Agency and to submit new products for premarket review.
