Calif. Limits Company's Marketing of e-Cigarettes

California officials and a distributor of electronic cigarettes have reached a consent agreement under which sales of the increasingly popular devices will be subject to several restrictions, including a ban on flavored cartridges that many say are meant to attract young people, and an outright ban on under 18 sales.

Reutersreported Oct. 30 that under the terms of the consent decree, Smoking Everywhere will not be allowed to promote their e-cigarettes as smoking cessation products unless the Food and Drug Administration (FDA) authorizes such use. The FDA has said it intends to regulate the battery-powered devices, which do not contain tar, but can expose users to other carcinogenic chemicals.

The consent agreement in California also prohibits the e-cigarette company from claiming that its product is safer than conventional cigarettes (absent research evidence supporting the claims). Smoking Everywhere also will not be able to state in advertising that e-cigarettes contain no secondhand smoke, tobacco or carcinogens.

E-cigarettes have been touted by manufacturers as a safer nicotine delivery vehicle than conventional smoking. The devices are equipped with a vaporized liquid nicotine solution that is inhaled. Some of the cartridges inside the battery-powered devices come in sweet flavors similar to ice cream varieties.

The agreement comes as a result of a lawsuit filed by the state of California against Smoking Everywhere in the state Superior Court. California Attorney General and now Gov.-elect Jerry Brown announced the settlement on Oct. 30.