Comptroller Peter Franchot (D) announced that his Field Enforcement Division is taking a first-in-the-nation approach to prohibiting the sale of disposable flavored electronic Smoking devices.
“Today, in addition to the FDA’s prohibition of flavored e-cigarette cartridges, I have directed our enforcement agents to take more aggressive action by prohibiting the sale of disposable ESDs with flavors other than tobacco or menthol,” Franchot said in a Feb. 10 press release. “As the state’s tobacco regulator, it’s my legal and moral responsibility to protect consumers, especially children, from the hazardous substances contained in these unauthorized products.”
Last month, the FDA announced enforcement actions against “illegally marketed” electronic smoking devices — particularly, “flavored, cartridge-based [ESD] product[s],” which took effect on Feb. 6, the press release said.
However, flavored disposable e-cigarettes, which are growing in popularity among youngsters, according to Franchot’s office, are not covered under the FDA prohibition — a loophole that precipitated the comptroller’s announcement. His office plans to prioritize its enforcement actions towards unauthorized disposable products most widely used by children — those bearing names such as Strawberry Hard Candy, Pineapple Lemonade, Mango Bomb, Berry Gelato, Lush Ice and O.M.G., according to the release.
“The federal flavor ban left a gaping hole for disposable flavored vape products,” Dr. Kathleen Hoke, a University of Maryland Law School professor and director of the Legal Resource Center for Public Health Policy, said in the release.
The Field Enforcement Division notified industry leaders to make them aware of this state policy change. In addition, the agency posted an informational bulletin about the targeted enforcement on the comptroller’s website.
As the state’s tobacco regulator, the comptroller issues licenses to wholesalers and retailers of tobacco products and ESDs. If those licenses are deceptively, fraudulently or unlawfully used, the comptroller can suspend or revoke those licenses or assess additional penalties.
Agents from the comptroller’s Field Enforcement Division immediately began license checks and product inspections to ensure compliance.
“As a parent of two teenagers whose family has been directly impacted by the vaping epidemic, I applaud the Comptroller’s enforcement actions against those ESD products that are most commonly used by kids,” John Brennan, an Anne Arundel County resident and a member of the comptroller’s e-facts Task Force, said in the release. “Disposable ESDs give children a relatively inexpensive and easily accessible path toward nicotine addiction.”
