WARNING: This product contains nicotine.
Nicotine is an addictive chemical.

WARNING: This product contains nicotine.
Nicotine is an addictive chemical.

The Flavor Pod Ban: Compromise or Confusion?

January 10, 2020

The Flavor Pod Ban: Compromise or Confusion?

The Food and Drug Administration (FDA) issued guidance that would effectively place pod systems under the enforcement spotlight. The release states, “Under this policy, companies that do not cease the manufacture, distribution, and sale of unauthorized flavored cartridge-based e-cigarettes (other than tobacco or menthol) within 30 days risk FDA enforcement actions.” While it is not a complete flavor ban like many have feared, this regulation may close off an avenue of alternative nicotine products to vapers who have reported success with flavors.


What This Means For Vapers

Flavored pods are quite a popular method of vaping—companies like JUUL use flavored pods to package a vape product without the need to buy an open-fill system and eJuice. However, JUUL has been accused of questionable advertising and marketing efforts which have contributed to minors accessing vape products that are intended for adults over 21 only. 

With the recent change in the law requiring anyone to be 21 or over when buying vape products nationwide, this is just enforcement of a previous ruling on August 8, 2016, when all e-cigarettes and electronic nicotine delivery systems (ENDS) became classified as tobacco products and thus subject to the premarket authorization requirements in the Federal Food, Drug, and Cosmetics Act.


Compromise or Confusion?

The latest guidance revolved around enforcement prioritization of previously issued guidance. However, the way it was worded could be easily confusing to the average vaper, who may not be completely aware of the ins and outs of FDA regulations. Thankfully, the FDA did clarify this in its latest guidance, saying, “By not prioritizing enforcement against other flavored ENDS products in the same way as flavored cartridge-based ENDS products, the FDA has attempted to balance the public health concerns related to youth use of ENDS products with considerations regarding addicted adult cigarette smokers who may try to use ENDS products to transition away from combustible tobacco products.” 

The FDA wanted to strike a middle ground between adult vapers who are using flavors to transition away from traditional tobacco products while keeping flavors away from those under the age of 21. This may also be part of what current FDA commissioner Dr. Stephen Hahn meant about looking at the “science and evidence” of vaping as well as his first action regarding vaping. However, not many people may know what the implications of prioritization of enforcement are and that is what we are here to clear up. While this may take away an avenue of vaping for adults, it could prevent more severe enforcement actions down the line.

You can always take action and continue to advocate for your right to vape. We may see more enforcement actions in the coming months, and that is why you must continue to take action. Remember to tell your elected officials that you vape and you vote.


4 Responses

Jose Alvarez, eJuices.com
Jose Alvarez, eJuices.com

January 16, 2020

Hello Dana,

Thank you for sharing your experiences with the eJuices.com team. In this case, we are opposed to flavor bans because flavors are a form of harm reduction. While we cannot predict the future, we believe that the flavored pod ban is a compromise, and it may prevent more severe enforcement actions from happening in the future. We are always willing to listen to what our customers have to say and we encourage you to continue taking action and advocating for access to flavors.

Jose Alvarez, eJuices.com
Jose Alvarez, eJuices.com

January 14, 2020

Hello Tracey,

Thank you for sharing your experiences with the eJuices.com team. We understand how important it is for adult smokers to have harm reduction products such as eJuices. We understand that it isn’t the kids’ fault and there have been many instances in history where kids have been doing something they shouldn’t be doing yet. History repeats itself and it’s important that we protect flavors and keep them out of the hands of minors and do it in a responsible way. Thank you once again for supporting what we do here at eJuices.com.

Dana Smith
Dana Smith

January 13, 2020

I have been aware of what government is attempting to do and also has done I, for one, am sick of the government telling me ( dictating) what is and isn’t appropriate for me to put in my body. I am 69 years old, a retired RN and will make up my own mind!

Tracey W.
Tracey W.

January 13, 2020

Thank you for the updates on the these flavor bans. They help normal people understand what our government is doing to the vape society as a whole. It’s informative and concise and much appreciated. Vaping has cured me if Ciggereretts. Had there been no invention of the vape I would be very sick. Vaping saved my life as well as many others. Although that being said I do understand why now..this has to be done. Unfortunately someone in .y family…a young… man came into possession of the pods. I’m am grateful that this young man trusted me enough to talk to me about this and show me what was given to him. He was asking for help. What to do. He’s 15. Said a friend from schools dad who’s a “vape enthusiast” like me gave it to him. Said he had a supply stock pile and could afford to. That’s why there are these bans coming into effect. Because of the adults.out there that think it’s harmless. It’s not. This was created as an aid to help heavy smokers get well. Now it’s being abused. And now the responsible adults have to suffer for their mistakes. It’s not these kids faults. They are curious and they are going to do it anyway regardless. We know this. We as adults did the same stuff when we were their age. Now I’ve got to do damage control and help this kid get off nicotine. A nicotine he never should have been introduced too. Again. It’s not the kids fault its the adults. Some think it’s okay to do this. I personally don’t. It wasn’t really all that fun for me to hear it then have to teach him about the horrors of smoking anything. Not the way I wanted to spend last weekend. I’m just hoping they don’t ban everything. I love my vaping. My health has improved ten fold because of it. And I love my flavors. Oh and Ejuices rocks on variety and selection. Love this store.

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