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POS pack displays can lead to unplanned cigarette purchases, and influence brand selection

As of December 31, 2022, seven states (California, Maryland, Massachusetts, New Jersey, New York, Rhode Island, and Utah) and 378 jurisdictions, including counties, cities, towns, and villages, have some type of restriction on flavored e-cigarette sales in place

Some states with more recent laws have built in explicit language banning not just the traditional cigarette but anything of the like nature that produces the secondhand smoke (and potential nicotine addiction) that is so dangerous to nonsmokers

Meanwhile, the vape shops that were spared by the exemption for flavored e-liquids used in open systems still depend on sales of products that "are considered illegally marketed." Those products will remain in that perilous category unless the FDA decides that letting them stay on the market is "appropriate for the protection of public health." To persuade the FDA of that, manufacturers (including vape shops that mix their own e-liquids) have to submit "pre-market tobacco product applications" (PMTAs) by May 12, a process that will be prohibitively expensive for the vast majority of businesses and products

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