NATO Files Comments with FDA on Draft Guidance

NATO has submitted comments in response to the U.S. Food and Drug Administration’s (FDA) draft guidance titled “Modifications to Compliance Policy for Certain Deemed Tobacco Products.” The guidance proposes two significant changes that would impact retailers that sell tobacco. First, the FDA proposes changes to the agency’s current compliance policy regarding electronic nicotine-delivery systems (ENDS), which include electronic cigarettes and nicotine vapor products. Specifically, the FDA may utilize its enforcement authority to not allow the sale of flavored ENDS products other than tobacco-flavored, mint-flavored or menthol-flavored electronic nicotine products in stores that minors are able to enter. This means that the FDA would focus its enforcement actions on convenience stores, service stations, grocery stores and drug stores with a potential outcome of various flavored e-cigarettes and flavored vapor products being removed from store shelves.

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Source: Tobacco Business Magazine