The electronic cigarette company Smoking Everywhere has agreed, under a settlement with California authorities, not to aim its marketing at minors or claim that its products are safe alternatives to tobacco.
The settlement comes weeks after the U.S. Food and Drug Administration announced plans to regulate e-cigarettes, battery-powered devices that look like traditional cigarettes, but allow users to inhale a vaporized liquid nicotine solution instead of smoke, Reuters reports.
E-cigarette marketers including Florida-based Smoking Everywhere have said their products are safe because they do not release second-hand smoke and do not contain tar or carcinogens.
However, the FDA has said that some brands of e-cigarettes contain dangerous chemicals including nicotine and carcinogens, and that one brand’s product contains the main ingredient in antifreeze.
In September, the agency warned five makers of e-cigarettes that marketing their products as smoking cessation aids violated federal laws about unsubstantiated health claims in advertising.
According to the California Attorney General’s Office, the agreement with the state prohibits Smoking Everywhere from marketing its products as aids to quit smoking unless they win FDA approval for that use, and from claiming they are safer than traditional cigarettes unless there is reliable scientific evidence. The company’s products will also be labeled with a warning stating the nicotine in the devices is a chemical known to cause birth defects or reproductive harm.
Claims that e-cigarettes do not contain tobacco or carcinogens and do not produce second-hand smoke are also banned.
The rules apply to all Smoking Everywhere promotional materials shown in California, including on the Internet.
The settlement also bans sales to anyone under 18, and prohibits the sale of nicotine cartridges that come in such flavors as chocolate or cookies-and-cream, a feature some critics have claimed is designed to attract young users.
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