Lawyer: FDA Proposal To Restrict Flavored ENDS Sales May Violate TCA

In a highly anticipated move, FDA Commissioner Scott Gottlieb on Thursday (Nov. 15) announced a number of new tobacco-related initiatives the agency is undertaking, including revisiting the deeming rule compliance policy to restrict access to flavored electronic nicotine delivery systems (ENDS). While public health groups argued the actions do not go far enough, a lawyer and former FDA associate commissioner believes the proposal goes against the Tobacco Control Act’s restrictions on issuing regulations that prohibit sales based on specific types...