As part of the U.S. Food and Drug Administration's (FDA) Youth Tobacco prevention Plan, FDA Commissioned Scott Gottlieb announced a series of enforcement actions and regulatory steps to address electronic nicotine delivery system (ENDS) use by kids, particularly focused on the JUUL brand. Gottlieb announced the results of a nationwide crackdown on sale of JUUL products to underage buyers, resulting in 40 warning letters sent to retailers across the country. Additionally, the FDA requested a trove of materials from JUUL related to their marketing, research, product design and toxicology of the product. The requests have the force of statue and failure to comply could result in enforcement action.

In related news, JUUL announced yesterday its own initiative to combat underage sale and use of their products.

While these actions were directed specifically toward JUUL, other companies have been alerted that they may soon receive similar requests. The FDA has also contacted eBay to request that listings for JUUL products be removed from the platform, and their announcement today praised eBay for their voluntary implementation of measures to prevent youth from purchasing JUUL or other ENDS on the site.

Additionally, Gottlieb indicated that additional enforcement action focused on “companies we think are marketing products in ways that are misleading to kids” is forthcoming. We would expect this to include additional undercover sting operations at retail and more requests for information from other ENDS sellers.

The announcement made clear that the FDA still sees ENDS as an opportunity for adult smokers to transition to a potentially lower risk alternative, but today’s actions make it clear that they are focused on protecting kids and reducing tobacco-related disease.

As you know, CDA holds a board position with We Card, which yesterday reiterated the following recommendations to retailers:

• Adopting and enforcing a written policy against sales to minors;
• Informing employees of all applicable laws;
• Establishing disciplinary sanctions for employee noncompliance; and
• Requiring employees to verify age by way of photographic identification or electronic scanning device

For more information on the We Card program, please visit their website.