ANNAPOLIS, Md. — Maryland Comptroller Peter Franchot announced Monday that his Field Enforcement Division is taking a first-in-the-nation approach to prohibiting the sale of certain Electronic Smoking Devices, otherwise known as e-cigarettes, marketed toward kids.
"Today, in addition to the FDA’s prohibition of flavored e-cigarette cartridges, I have directed our enforcement agents to take more aggressive action by prohibiting the sale of disposable ESDs with flavors other than tobacco or menthol," Comptroller Franchot said. "As the state’s tobacco regulator, it’s my legal and moral responsibility to protect consumers, especially children, from the hazardous substances contained in these unauthorized products."
Last October, the Comptroller created the "e-facts Task Force on Electronic Smoking Devices" to learn more about the industry and see what action should be taken.
The task force has met three times, according to the comptroller, and will hold its final session on Feb. 17 to discuss recommendations.
"In recent months, we’ve heard troubling reports of health-related issues, including deaths, that have been directly attributable to the use of ESDs," Franchot said. "At the same time, the use of ESDs among teens has skyrocketed. I will not stand idly by letting kids get addicted to nicotine and hurt by these unregulated products that are marketed directly towards them."
In January, the FDA announced enforcement actions against “illegally marketed” ESD products – particularly, “flavored, cartridge-based [ESD] product[s],” which took effect on February 6.
However, flavored disposable e-cigarettes, which are growing in popularity among teens, are not covered under the FDA prohibition – a loophole that precipitated the Comptroller’s announcement today.
The FED will prioritize its enforcement actions towards unauthorized disposable products most widely used by children – those bearing names such as Strawberry Hard Candy, Pineapple Lemonade, Mango Bomb, Berry Gelato, Lush Ice and O.M.G.
"The federal flavor ban left a gaping hole for disposable flavored vape products," Dr. Kathleen Hoke, a University of Maryland Law School Professor and Director of the Legal Resource Center for Public Health Policy said. "I am happy to know Comptroller Franchot is putting children first by closing that gap."
As the state’s tobacco regulator, the Comptroller issues licenses to wholesalers and retailers of tobacco products and ESDs. If those licenses are deceptively, fraudulently or unlawfully used, the Comptroller can suspend or revoke those licenses or assess additional penalties.
Agents from the Comptroller’s Field Enforcement Division will immediately begin license checks and product inspections to ensure compliance.