FDA Flavored Pod Regulation

FDA Flavored Pod Regulation


In an attempt to regulate the future of youth vaping and nicotine addiction, today the FDA announced the prohibited sale and use of “any flavored, cartridge-based ENDS product (other than a tobacco - or menthol-flavored product).” The FDA recognizes that the majority of youth who have vaped used fruit, candy, or dessert flavors, and more specifically from a cartridge replaceable system.

“Data from the 2019 NYTS indicate that youth overwhelmingly prefer cartridge-based ENDS products. These products are easy to conceal, can be used discreetly, may have a high nicotine content, and are manufactured on a large scale.”

The FDA intends to prioritize enforcement against those who are targeting youth through marketing/advertising, promoting easy access or concealment of their product, and other factors that may appeal to youth.

“Among youth who reported ever using an ENDS product, a large majority reported their first ENDS use was with a flavored ENDS product. Data also show that among current youth ENDS users, a majority of youth respondents stated that they used ENDS products “because they come in flavors I like.”"

The new regulation sets a ban on enclosed flavored vape cartridges. It does not apply to tank-based (refillable) devices and bottled e-liquid products. In that way, vape shops and businesses will be able to continue sales with the majority of flavored nicotine e-liquids for adults 21 and over. Businesses are given 30 days to comply with these new rules.