On September 15, 2016 the U.S. Food and Drug Administration [FDA] issued its first warning letter to a group of businesses and vendors for selling newly regulated tobacco products. The products specifically include e-cigarettes, e-liquids and cigars, being sold to minors.
This action comes following the FDA’s final rulemaking in May 2016 which extended its authority to all tobacco products including e-cigarettes, cigars, hookah tobacco and pipe tobacco, among others. Before finalizing the May 2016 rule, there was no federal law prohibiting retailers from selling e-cigarettes, hookah tobacco or cigars to people under age 18. Specifically, the new regulations restrict the sale of tobacco products by: (1) not allowing products to be sold, both in person or online, to persons under the age of 18; (2) requiring age verification by photo ID for all customers under age 27; (3) prohibiting the sale of covered tobacco in vending machines; and (4) prohibiting the distribution of free samples.
Data from the FDA and the Centers for Disease Control and Prevention show current e-cigarette use among high school students increased by more than 900 percent between 2011 and 2015, and hookah use also increased significantly during this time. Additionally, data show high school boys smoked cigars at about the same rate as cigarettes. The FDA’s first warning letter to businesses represents the agency’s first step in cracking down on tobacco sales to minors.