FDA strengthens regulation on electronic nicotine delivery systems

Food and Drugs Authority (FDA)

The Food and Drugs Authority (FDA) has noted with concern the sale, advertisement and recreational use of electronic nicotine delivery system (ENDS) such as Vapes and other non—nicotine tobacco products by the public. ENDS can be registered as a prescription only medicine for the purposes of cessation therapy.

The FDA wishes to remind the public that Vapes contain nicotine, which is highly addictive and causes diseases which include, but not limited to, cancer, heart disease, lung disease, infertility, diabetes, and gum disease.

The sale and advertisement of ENDS, Vapes and non—nicotine products contravene Part Six and Sections 61 (2) and 62(1) of the Public Health Act, 2012 (ACT 851) as well as Regulation 16 of the Tobacco Control Regulations 2016, (L. l. 2247) as detailed below:

Section 61 (2): A person shall not sell, display for sale, supply, adveåise a non-tobacco product or service that contains, either on the product, or in an advertisement of the product, a writing, a picture, an image, graphics, message, or other matter that is commonly identified or associated with or is likely or intended or associated with a tobacco product, brand or manufacturer.

Section 62 (1) (b): A person shall not package, label or offer for sale a product that looks like or is likely to be identified with or associated with tobacco or a tobacco product.

Regulation 16 (1): “A person shall not manufacture, import, export, supply, possess, or offer for sale an illicit tobacco or a tobacco product”.

Manufacturers, importers, wholesalers and retailers are therefore cautioned to pull down all advertisements on social media, billboards, neon signs etc with immediate effect and desist from the importation of illicit tobacco products into the country.

Failure to adhere to the above sections and/or the tobacco control laws constitutes an offence for which sanctions may be imposed based on the Public Health Act, 2012 (ACT 851).

Due to the health risk associated with these products, the FDA strongly advises the public to desist from patronizing such products unless it is for cessation therapy.

The FDA is committed to ensuring public health and safety through continuous monitoring and public education.

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