1. Altria Client Services (on behalf of Nu Mark): "Nothing in the FSPTCA [Family Smoking Prevention and Tobacco Control Act] requires FDA to engage in all-or-nothing deeming for all purposes. Rather than deem an entire class of tobacco products categorically subject to the FSPTCA for all purposes, FDA has multiple options for proceeding in a reasoned, scientifically sound, and incremental manner. For example, FDA should exercise its statutory authority to deem e-vapor products commercially marketed before the Final Rule for certain purposes under the FSPTCA. Such products would be subject to age restrictions, warning labels, and disclosure requirements, without subjecting them to premarket authorization. Only those e-vapor products commercially marketed after issuance of the Final Rule would be subject to ... premarket authorization."

Yes, fruity and sweet flavors are used, but it is not used to entice children. Many adults prefer a sweet E-Juice over the bitter tobacco flavors. To say fruity and sweet flavors are marketing towards children is an incorrect assessment. In fact, I only like sweet and fruit E-Juices and I am not a child by any means. Vendors and vape shops have strict rules in selling to children. In fact, most stores won’t even allow children to enter the building let alone purchase an E-Cig.

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