FOR IMMEDIATE RELEASE
The Alabama Alcoholic Beverage
Control Board has become aware of recent changes in the federal enforcement
policy for certain electronic nicotine delivery systems (ENDS) and advises
Alabama tobacco permit holders to review the FDA
News Release dated January 2, 2020 and Industry Guidance Document
dated January 2020.
It is our understanding that
beginning February 6, 2020, the FDA intends to prioritize enforcement against
illegally marketed ENDS products by focusing on the following groups of
products that do not have premarket authorization:
- Any flavored, cartridge-based ENDS product (other than
a tobacco- or menthol-flavored ENDS product);
- All other ENDS products for which the manufacturer has
failed to take (or is failing to take) adequate measures to prevent
minors’ access; and
- Any ENDS product that is targeted to minors or likely
to promote use of ENDS by minors.
A cartridge-based ENDS product
consists of, includes, or involves a cartridge or pod that holds liquid that is
to be aerosolized when the product is used. A cartridge or pod is any small,
enclosed unit (sealed or unsealed) designed to fit within or operate as part of
an ENDS product.
Questions regarding enforcement
actions should be directed to the Food and Drug Administration at
1-877-287-1373.