FDA Proposes Restrictions for Flavored E-Cigarettes

December 4, 2018

Citing epidemic levels of teen vaping, the U.S. Food and Drug Administration (FDA) proposed restrictions for e-cigarettes and called on makers of the devices to actively take measures to prevent youths from vaping. In an announcement made on November 15, 2018, the FDA proposed a variety of measures designed to curb a trend that has grown dramatically in only a year, and one that could have a drastic affect on teens’ health as they age.

Meanwhile, Florida’s state fire marshal has issued a warning about the dangers of e-cigarette devices after a man’s electronic cigarette exploded, causing severe burns. The death highlights how dangerous e-cigarettes can be, even when they are not in use.

FDA Restrictions Come in Wake of Vaping Epidemic

Given grave concerns about the high levels of teen e-cig use, the FDA proposed limitations on the sale of e-cigarettes. Included in those restrictions is a ban on selling many flavored e-cigarettes in gas stations and convenience stores, and age-verification requirements for any online sales. Source: https://www.washingtonpost.com/national/health-science/fda-plans-to-impose-severe-restrictions-on-e-cigarettes/2018/11/08/91253cf2-e3a1-11e8-8f5f-a55347f48762_story.html?utm_term=.bd5e91145f6e

The restrictions come in the wake of data suggesting in 2018, 77 percent more high schoolers used a vape product than in 2017. That’s a drastic increase for a product whose safety has not yet been established. According to reports, studies have shown e-cig users have an increased risk of nicotine addiction, and are potentially more likely to make the switch to regular cigarettes. Additionally, research shows that approximately 80 percent of youths do not see a risk of harm from regularly using e-cigarettes.

“We now have evidence that a new generation is being addicted to nicotine, and we can’t tolerate that,” said FDA Commissioner Scott Gottlieb.

In addition to the restrictions, the FDA ordered five vape device makers—including Juul, MarkTen, Vuse, Logic, and blue e-cigs—to submit plans to the agency detailing their efforts to prevent teens from using their vape products. Each of the companies had products that were sold to minors during an FDA enforcement blitz. Some device makers have talked about the possibility of include Bluetooth features in the devices that would stop them from working in school areas as a possible solution.

“No youth should be using any nicotine-containing product, and the trends underway are more than a small amount of casual experimentation among kids,” Gottlieb said via statement. “They are evidence of a significant swath of a generation of kids becoming regular nicotine users. Kids who use e-cigarettes are more likely to try combustible cigarettes.”

Nicotine use in youths is a concern because adolescent brains are still in development phases and can be at increased risk of additional craving and addiction. In September 2018 the FDA launched a comprehensive campaign warning youths about the dangers of e-cigarettes. The campaign, with the tagline “Know the Real Cost of Vaping,” includes digital and social media advertising, as well as warning posters placed in schools.

Man Suffers Serious Burns After E-Cigarette Explodes

In addition to health concerns, e-cigarettes pose a health risk both in the form of burns and in the form of projectiles created if they explode.

Florida’s state fire marshal issued a warning about the use of e-cigarettes, after a man was taken to a local hospital with severe burns due to an exploding e-cigarette. The man was carrying the e-cigarette in his pocket when it exploded, causing second- and third-degree burns.

In a 2017 report from the U.S. Fire Administration data suggests that between 2009 and 2016, there were at least 195 cases of e-cigarettes either exploding or catching fire. Those incidents resulted in 133 injuries, including 38 severe injuries.

Unfortunately, some have already paid the ultimate price due to exploding vape pens. In May, 38-year-old Tallmadge Wakeman D’Elia died from an e-cigarette when his device exploded. According to the autopsy report, the vape pen explosion turned the e-cigarette device into a projectile that pierced skull and his brain. D’Elia was reportedly using a brand known as Smok-E Mountain Mech Works, which is unregulated. The explosion also started a fire, and firefighters found D’Elia with burns to 45 percent of his body.

E-Cigarette Attorneys

Attorneys at Cutter Law have been involved in many product liability lawsuits, including wrongful death claims against an e-cigarette maker for a device that exploded, causing a projectile to launch into the victim’s brain. We have seen the damage that exploding e-cigarettes can cause and are dedicated to holding device makers accountable for marketing and distributing defective products that can turn deadly.

If you or someone you love has been harmed by an e-cigarette, you need a skilled, experienced lawyer to handle your claim. Our attorneys will guide you through the process and answer all your questions. We’ll fight to get you and your family justice, and the maximum compensation you’re entitled to.

Contact an attorney at Cutter Law today. Fill out our contact form or call 888-285-3333 to find out more about how we will fight for you.

Personal injury and civil justice attorney Brooks Cutter is a leading advocate for consumer justice and protecting the rights of the severely injured. Brooks founded Cutter Law, P.C., with offices in Sacramento and Oakland, with…
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