![]() One might expect to find FDA-approved smoking cessation aids such as the nicotine patch, gum, or lozenge on these shelves, but the retail websites included in our search used the same “smoking cessation” categories for FDA-approved smoking cessation products and for e-cigarettes that are not approved for this marketing. This categorization of e-cigarette products at retail websites could be compared to placing e-cigarettes in departments or on shelves labeled “smoking cessation products” in brick-and-mortar stores. ![]() 1 Categorizing e-cigarette devices at retail websites as “smoking cessation” products appears to violate the rule and the underlying law. Specifically, the rule indicated that e-cigarettes marketed as smoking cessation products will be “subject to regulation as drugs, devices, or combination products” 3 and any unsubstantiated drug claims are prohibited by the Federal Food, Drug, and Cosmetic Act. In a 2017 rule, 3 FDA attempted to draw clear lines for tobacco manufacturers and retailers regarding legal marketing claims versus illegal unauthorized drug claims. Arrows added to highlight the category used at each website. Screenshots of examples of electronic cigarette products categorized as “smoking cessation” or “quit smoking” products at (panel A), (panel B), and (panel C). ![]() Nicotine is an addictive chemical.” E-cigarette advertisements and the products depicted in these advertisements are required by the FDA to contain this warning. Importantly, some listings for the nicotine-containing e-cigarette products sold at these retail websites did not include the warning label “This product contains nicotine. listed some e-cigarette products in the “Health & Beauty > Health Care > Smoking Cessation > Other Smoking Cessation” category. Similarly, at Walmart’s retail website, e-cigarette products were found under the “Health / Heart Health / Quit Smoking” category. At some e-cigarettes and their accessories were found under the “Health and Personal Care > Health Care > Smoking Cessation” category (see Figure 1). 1 However, in May 2019 searches of three top internet retailer websites (Amazon, Walmart, eBay 2), we found numerous e-cigarettes identified explicitly or implicitly as cessation products. Accordingly, any marketing of e-cigarettes that explicitly or implicitly states that they are for cessation assistance (or any other medical purpose) would violate the Federal Food, Drug, and Cosmetic Act. No electronic cigarettes (e-cigarettes) available in the United States have been approved by the United States Food and Drug Administration (FDA) to be marketed for smoking cessation, and any such approvals would only apply to a specific product rather than e-cigarettes as a class of products. ![]()
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