The FDA planned to remove flavored e-liquids from the market as part of its deeming regulations, announced on May 5. The original draft of the regulations called for all flavored products to be eliminated 90 days after the August 8 effective date. The “redline” version of the regulations shows all changes made at the White House after receiving the original draft.

The published version of the deeming rule gives all newly deemed products a two-year grace period during which manufacturers can submit applications to continue being sold. Once the rule goes into effect, on August 8, FDA is free to impose additional restrictions. It isn’t at all impossible that the agency could act to restrict flavors at that point.

The White House Office of Management and Budget made the changes during the review period before the regulations were announced. The FDA claimed the restriction was important because “tobacco products with characterizing flavors, including menthol but excluding tobacco flavor, were attractive to young people.”