• March 29, 2024

Proposed U.S. FDA regulations on “other” tobacco products generally welcomed

Lorillard, the owner of blu eCigs, has applauded the U.S. Food and Drug Administration (FDA), which yesterday published proposed regulations in respect of e-cigarettes.

“Lorillard applauds the agency’s initial efforts to establish a reasonable regulatory framework for the electronic cigarette category,” the company said in a note posted on its website. “Lorillard has long supported reasonable, science-based regulation of electronic cigarettes, such as establishing minimum age-of-purchase requirements, setting product quality and safety standards, and listing of ingredients and other relevant consumer information. In fact, while waiting for FDA guidance, blu eCigs has implemented meaningful measures to limit access of individuals under age 18 to blu eCigs’ advertising and promotional activities and to prevent minors from purchasing blu eCigs’ products.”

Murray S. Kessler, chairman, president and CEO, added that it seemed that the FDA was taking a science-based approach. “Despite what I am sure will be a robust give-and-take process over the comings months, we remain committed to our belief that electronic cigarettes represent a major opportunity to align the interests of business and public health. We look forward to working collaboratively with the FDA through the notice-and-comment rulemaking process to devise a reasonable, scientifically-based regulatory framework covering e-cigarettes.”

The FDA, which already regulates cigarettes, cigarette tobacco and smokeless tobacco, yesterday issued so-called deeming regulations covering also other “tobacco” products not yet covered by its regulations, including cigars, pipe tobacco, hookahs, nicotine gels and certain dissolvables that are not regarded as smokeless tobacco.

Most industry comments broadly welcomed the FDA’s proposals, said that the FDA seemed to be basing its decisions on science and acknowledged the huge task that the agency had taken on, given the distinctive nature and consumption cultures surrounding some of these non-mainstream products.

Public comments on the proposed regulations will be accepted for 75 days beginning April 25 and, as Bonnie Herzog, managing director, beverage, tobacco and convenience store research at Wells Fargo Securities, pointed out in a “quick take” on the FDA’s announcement, the regulatory process could take years.