New Flavored E-Cigarette Cartridge Policy Goes Into Effect Feb. 6

SILVER SPRING, Md. — Tobacco retailers have until Feb. 6 to remove all flavored vapor cartridges from its backbars.

The 30-day countdown began on Jan. 7 when the Food and Drug Administration (FDA) published the new policy guidance in the Federal Register. That came five days after the agency released its new policy banning the manufacturing, distribution and sale of unauthorized flavored cartridge-based e-cigarettes — other than tobacco or menthol, as Convenience Store News previously reported.

To help convenience store retailers communicate the new policy to its customers, NACS created signage noting the shift. To get the signage, the association's members can click here.

Though the FDA's policy affects flavored cartridges, retailers can still sell e-liquid flavors used in open vaping systems and in disposable, single-use vape products.

As NACS noted, the agency's final guidance focuses on what products can and cannot be sold, and does not single out which retailers can sell them — a previous sticking point as the c-store industry objected to the FDA's initial consideration to  restrict sales to adult-only retail outlets.

"It would appear that the FDA heeded our concerns regarding a level playing field among retailers and adjusted their final guidance policy accordingly," said Lyle Beckwith, NACS senior vice president of government relations.