New FDA Rule Regulates E-Cig Advertisement Warnings

" Advertising for electronic cigarettes that deliver nicotine via vapor is a growing category for out of home advertising.  Effective August 10, ads for e-cigarettes must include a warning that nicotine is addictive. New rules from the Food & Drug Administration (FDA) require the warning to occupy 20 percent of the ad space. OAAA attorney Kerry Yoakum explains this new requirement and what it means for OOH ads. Advertising for electronic cigarettes that deliver nicotine via vapor is a growing category for out of home advertising.  Effective August 10, ads for e-cigarettes must include a warning that nicotine is addictive. New rules from the Food & Drug Administration (FDA) require the warning to occupy 20 percent of the ad space. OAAA attorney Kerry Yoakum explains this new requirement and what it means for OOH ads.
Since 2009, under the Tobacco Control Act, the US Food and Drug Administration (FDA) has regulated cigarettes, smokeless, and roll-your-own tobacco. A recent rule, affectionately called the “Deeming Tobacco Products to be Subject to the Federal Food, Drug and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act” (aka the Deeming rule) extends FDA’s regulatory authority to “deem” other “tobacco products” subject to its regulation, too. Under the act, a “tobacco product” is:
… any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product (except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product).
With its “deeming rule,” the FDA has effectively declared e-cigarettes and other forms of electronic nicotine delivery systems (ENDS), in addition to their parts and components, to be subject to regulation under the Tobacco Act.
The deeming rule also requires that advertisements, including billboards, for all covered tobacco products bear an addictiveness warning statement. Effective August 10, 2018, the tobacco product advertisement must bear the following required warning label statement: “WARNING: This product contains nicotine. Nicotine is an addictive chemical.”

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