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Turning Back Calendar Could Keep E-Cigarettes Available Without Approval

 
• By Malcolm Spicer

Exercising enforcement discretion concerning the grandfather date for e-cigarettes and other products covered in FDA’s proposed deeming rule would not be the agency’s first use of the enforcement tool in implementing Tobacco Control Act regulations.

The key for currently available electronic cigarettes remaining on the market without FDA clearance after a proposal to regulate the products becomes final could be in whether the agency turns back the calendar to a grandfather date allowed for conventional cigarettes.

FDA’s proposed rule deeming e-cigarettes, cigars and pipe tobacco to be subject to the agency’s authority would allow the products to remain available for sale without approval until two years after the proposal becomes a final rule

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