NACS Responds to FDA Comments Regarding E-Cigarette Sales

Agency should work with organizations such as We Card, NACS says.

October 22, 2018

In response to comments from U.S. Food and Drug Administration Commissioner Scott Gottlieb regarding the potential prohibition of the sale of e-cigarettes in convenience stores, NACS has issued the following statement:

“To make progress on the issue of minors obtaining e-cigarettes, the FDA should work cooperatively with organizations like We Card and NACS that provide age verification training to tens of thousands of retailers and it should enforce the law against the most questionable actors that it has typically ignored,” said Lyle Beckwith, NACS senior vice president for government relations. “The FDA has refused to share the data it has on the inspections it has carried out of vape shops and other stores that would allow the industry to evaluate and address any shortcomings.

“All the information available shows that the convenience industry has consistently improved compliance through improved training to prevent underaged sales and that indeed the industry has succeeded in achieving compliance much higher than required by the federal government under the Synar requirements. If FDA thinks otherwise, it needs to have some factual basis for it. Banning the convenience industry from selling e-cigarettes would be counterproductive as it would simply mean that minors will seek e-cigarettes from less regulated channels of sale.”

CNBC reported on Friday that FDA was considering prohibiting the sale of some e-cigarettes in convenience stores. In an interview with CNBC, Gottlieb said, “We’re looking at what can be sold in brick-and-mortar stores and whether or not flavored products can be sold in regular stores like a 7-Eleven and a truck stop and a gas station, or whether or not flavored products on the market should be confined to adult vaping shops, which generally tend to do a better job of checking ID.”