There are still a number of people that believe the ban on closed vape systems with flavors included disposable pod systems or e-cigarettes. However, if you look under “III. DEFINITIONS” there is a footnote that shares that disposables are exempt from the new ban. If you’ve gone over the wordage yourself, this is one part you may have missed. If you are a distributor or store owner, not selling this new trendy equipment could hurt your sales, and if you are a consumer and wasn’t aware of this, your options on devices are even more limited than ever.

“An example of products that would not be captured by this definition include completely self-contained, disposable products.”

FDA Guidance - Disposables

Some of you may be confused with this information, wondering why the FDA is banning one product with flavors but not the other. The FDA has banned closed vape systems with flavors with the exception of menthol and tobacco, so why are they not doing the same thing with disposables, which are considered a closed system. It is because disposable pod systems or e-cigarettes are self-contained, one unit, and cannot be easily manipulated. However, other closed systems, such as the Juul device, has a pre-filled detachable pod that can be easily manipulated (filled with THC, etc). Products like the Juul device containing flavors (other than menthol and tobacco) fall under the ban.

With this ban, I believe they are more focused on youth, students. They understand the smaller, more discreet devices are favored by adults, yet want to limit students getting their hands on them (new 21 age to vape/smoke) and manipulating them.

Let us know in the comments what you think about this ban!

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