FDA Releases Final Rules to Regulate E-Cigarettes

On May 5, the U.S. Food and Drug Administration issued final rules to regulate all tobacco products, including e-cigarettes. Many of the rules will go into effect on August 8, 2015. Some will have a longer phase-in timeline. 

The first change is a federal provision against selling any tobacco product to anyone under 18. Photo ID verification of age will be required in 90 days. Almost all states have already enacted laws prohibiting sales to minors.

Under the new rule, the FDA will be able to:

  • Review new tobacco products before they are sold;
  • Prohibit misleading claims by manufacturers;
  • Evaluate the ingredients of tobacco products and how they are made; and
  • Communicate risks of tobacco products.

The new regulations will impact sellers of e-liquids as well as manufacturers of the liquids. Vape shops, which usually both manufacture and sell e-liquids,  will face new legal responsibilities.

See the FDA news release here. See summaries of the final rules and links to the technical regulations here