Physicians secure a win against flavored tobacco products targeted at youth
In American Academy of Pediatrics v. U.S. Food and Drug Administration (FDA), a district court ruled in favor of several physician and patient groups that sued the FDA for determining that e-cigarettes and cigars which often use flavorings to target children did not need to submit applications for premarket approval in order to remain in the market. This effectively delayed any enforcement of tobacco regulations for three years.
The district court determined that the FDA should have gone through notice and comment periods to make such a determination as is outlined in the Family Smoking and Tobacco Control Act. The judge has requested further briefing to determine an appropriate remedy.
The AMA urges strict enforcement of laws and regulations prohibiting the sale of tobacco products to minors. Further, the AMA is considering joining other medical organizations in an amicus brief supporting the American Academy of Pediatrics legal action to compel the FDA to take timely action to establish effective regulation of e-cigarettes, cigars and other nicotine tobacco products.
