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San Francisco Proposes Complete Prohibition of All Vape Sales

San Francisco Proposes Complete Prohibition of All Vape Sales

After banning the sale of flavored justfog vape and tobacco products last year, the city of San Francisco will now try to ban sales of all vapes, including online purchases.

“San Francisco has never been afraid to lead, and we’re certainly not afraid to do so when the health and lives of our children are at stake,” said City Attorney Dennis Herrera. “E-cigarettes have wiped out the hard-fought gains we have made in curbing youth tobacco use. Today we are taking action to protect our kids.”

The law being proposed in the Board of Supervisors would keep all vapes off the market in San Francisco until they receive marketing approval from the FDA. No vapor manufacturer has yet submitted a premarket tobacco application (PMTA) to the FDA, because of the prohibitive cost and the uncertainty that any product could ever be approved. FDA marketing approval requires applicants to prove that their products are “appropriate for the protection of public health.”

Cigarettes that were available for sale as of Feb. 15, 2007 — before vapor products were sold in the U.S. — were grandfathered onto the market when Congress passed the Tobacco Control Act in 2009, and never had to go through review. In fact, the FDA Center for Tobacco Products has never taken any meaningful enforcement action against cigarettes.
“By law, before a new tobacco product goes to market,” Herrera said. “the Food and Drug Administration is supposed to conduct a review to evaluate its impact on public health. Inexplicably, the FDA has failed to do its job when it comes to e-cigarettes. Until the FDA does so, San Francisco has to step up. These products should not be on our shelves until the FDA has reviewed the threat they pose to public health.”

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