In the meantime, state and local lawmakers have continued to make their own decisions concerning ENDS. Most recently, California Gov. Gavin Newsom signed a bill this past August, banning the sale of most flavored tobacco and nicotine products in the state, while in September, Florida Gov. Ron DeSantis vetoed a similar flavor ban that lawmakers passed earlier this year. With the controversy over ENDS intensifying, the FDA will have to contend with competing data points, as well as weighing the public health benefits and consequences of these products both intended and unforeseen. What follows are five of the more significant conflicts they will have to resolve:
When states or local municipalities decide to ban flavors or any type of in-demand product, the concern of illicit markets arises. As the supply chain moves away from a regulated environment, criminal elements tend to fill the gap. In the case of age-restricted products, this shift tends to circumvent any system of age verification or adherence to product standards, regulation or taxation. The choices the FDA makes in the coming months will affect what adult consumers of tobacco and nicotine products will have for many years to come, with everyone from public health officials to industry stakeholders and the general public living with the ramifications. “Bidi™ Vapor fully supports proper regulation of the category so that all ENDS products meet the highest manufacturing, safety and marketing standards for adult smokers, with the ultimate goal of improving the public health,” said Niraj Patel, president and CEO of Bidi™ Vapor, which submitted its PMTA on Sept. 8, 2020. “We look forward to working with the FDA as it constructs its regulatory policy based on science and facts.” Based in Melbourne, Fla., Bidi™ Vapor, manufacturers and markets the premium vape pen called Bidi™ Stick, and is committed to the highest standards in manufacturing, marketing to adults age 21 and over and age-verification practices both for online and at brick-and-mortar retail.