While FDA’s Proposed E-Cigarette Rule Is Pending, FTC Mulls Enforcement Action March

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.