The suspension of e-cigarette bans for flavored e-cigarettes was announced by the Food and Drug Administration on Thursday to allow stores to resell products, but only from closed areas that are inaccessible to minors.
At the same time, the agency moved to ban two traditional tobacco products that disproportionately harm African Americans: menthol cigarettes and aromatic cigars.
The proposed ban on menthol would be the most aggressive act of F.D.A. has been dealing with the tobacco industry for almost a decade, taking into account the fact that the management board of Trumpova is a business-friendly approach to regulatory issues.
If it abolishes the usual federal regulatory barriers that could last for at least two years, the ban on menthol could have a significant impact on the sale of cigarettes. Menthol cigarettes account for about 35 percent of cigarette sales in the US.
The three measures have a common goal: many tastes that have attracted young people to cry and smoke. In limiting the aromatic e-cigarettes, F.D.A. trying to limit the rapid escalation of young draw lots. About 3.6 million people under the age of 18 reported using electronic cigarettes.
"Almost all adult smokers began to smoke when they were children," said Scott Gottlieb, the Commissioner. "Today, we are significantly stepping up our efforts to fight access to young people and we are complaining about proposals that address the core of the epidemic firmly and directly: tastes."
Nevertheless, the plan to stave off flavored e-cigarettes in stores instead of banning sales has surprised many details of a stronger proposal from the agency have expanded widely over the past week. Members of the Congress sent news, praised the agency for a ban that did not materialize. The federal law already prohibits the sale of cigarettes and e-cigarettes to anyone under the age of 18.
The lawyers argue that the agency did not have the legal authority for this ban, without having to undertake a long, complex process that would inevitably end in lengthy judicial battles.
In an attempt to navigate between public health problems and unwillingness to strongly restrict e-cigarettes at this time, Gottlieb called the producers to be the police themselves. "We hope that manufacturers will decide on the removal of aromatic ENDS products within the next 90 days", which refers to devices – "where children can access them and sites that do not have robust age-checking procedures," the statement said.
Sam's threat of a ban that he proposed two months ago has caused electronic cigarette designers in recent days to announce their plans in excess of what F.D.A. Thursday.
Juul Labs, which is by far the biggest e-cigarette seller, announced on Tuesday temporarily suspended sales of its flavors, except mint, menthol and tobacco, and halted the promotion of social media. And he said he would increase his age verification requirements. However, they have left the door to continue orders for thousands of stores, petrol stations and other outlets throughout the country, if retailers take into account age verification measures.
However, public health advocates said they were disappointed with the new measurements of F.D.A.
"Does this mean a simple curtain with a sign, as we saw at the entrance to the pornographic video store?" Said Matt Myers, president of the campaign for children without tobacco.
Shopkeepers responded with a slight surprise.
"It's not as difficult as the Commissioner initially demanded," said Lyle Beckwith, a representative of the National Association for Convenience Trade, a trade group.
Asked whether a fair interpretation of the new rules might be that flavored shops could sell flavored e-cigarettes, if the products are under the window, with no visible and inaccessible to minors, Mr Beckwith said he had no comment on this possibility and added that the legal adviser will review it.
In addition, he noticed that his teenage son said that his feline couples would get tasty flavors from older children, not from stores.
Azim Chowdhury, a lawyer representing vapor producers and baggage vendors, said that the easiest way for sellers to continue selling all the flavors without lighting up the screens, restricting all sellers to consumers aged 18 or over, which is a policy that many of its subscribers are already following.
He warned that there are 18 floors, not a ceiling: in California, for example, consumers of tobacco and electronic cigarettes must be 21.
"F.D.A. seems to recognize the value of these adult products," he said. "My clients do not want them to use them, but adults also have a taste."
Dr. Gottlieb insisted that the restrictions were similar to the ban. "This policy will ensure that fruit flavors are no longer accessible to children in retail outlets, planning and simply," he said. "He gets access to e-cigars and we intend to stop selling."
The agency said it will provide more details on how to restrict access later. But the Commissioner said that it would not be sufficient, "What we envisaged is a separate space or area with walls," he said. "A complete separate structure is needed. The curtain will not be cut."
The critics have said that the exemption of e-cigarettes from menthol and mints from the limitation was erroneously guided by the large number of youth vampires they bought.
However, Mr Chowdhury considered that Juul shifted his gesture to limit the visual flavors with menthol, menthol and tobacco. If a menthol cigarette is actually banned, he said: "Juul is in a good position to offer an alternative product for smokers who are accustomed to their menthol taste. Because Juul has a market dominance, they will benefit from the final ban."
Altria, RJ Reynolds, a subsidiary of British American Tobacco, and other major tobacco companies selling in the United States were not available for comment. However, everything explained F.D.A. that they will fight against the prohibition of mental-health cigarettes – just like for many years.
Dr. Gottlieb, appointed by President Trump, is in an unusual position with the republican plenipotentiary. His confirmation in May 2017 drew attention to some public health advocates who protested, in particular, about his investments in Kure, a chain of salon stores. These complaints became louder in July 2017, when dr. Gottlieb extended the deadline for five years for electronic cigarette companies to meet new standards.
The industry argues that restricting the sale of aromatized e-cigarettes to adults will make it more difficult to reduce the health risk by replacing them with traditional, flammable cigarettes.
"Tastes are important for redirection," said dr. Moira Gilchrist, a scientist with Philip Morris International, wants to sell his IQOS burning appliance in the United States in the flavors of tobacco and menthol for the FDA's public meeting during a visit to Washington last month.
She added: "The focus should be on what is the right thing for 40 million men and women in the United States would continue to smoke cigarettes."
The tobacco industry has fought for the protection of menthol for many years, for the frustration of public health activists, especially in the African-American community. Menthol is particularly popular among black smokers, while black leaders have accused the tobacco industry of targeting African-American communities in campaigns.
In a statement published in the ban report, NAACP, the National Urban League, the National Medical Association and the Governing Council for the Control of African American Tobacco Control have stated that the ban on menthol has been long.
"While we are sad because of the number of lost lives and new smokers have been addicted over the last decade, we are glad that F.D.A. is moving in that direction," said Delmonte Jefferson, executive director of the National African American Tobacco Prevention Network. The group also praised the agency for the reception of aromatic cigars.
"Small cigars, such as Black & Milds and Swisher Sweets, sell heavily to African Americans and are often cheaper in our neighborhoods," said LaTroya Hester, a network spokeswoman. "Many young, black children do not know that cigarillas are just as dangerous, so we hope to send this message. This is a huge step in protecting their health – it's time for our young people to be a priority."