Concerned about youth ENDS use, FDA requests information about social media marketing and influencer marketing of four brands

FDA Requires Information on Social Media Practices of E-Cigarette Brands On March 17, FDA issued letters to four companies requesting information about their use of social media marketing and influencer marketing related to their electronic nicotine delivery system (ENDS) brands: Aspire, Joyetech, Vaporesso, and Voopoo. FDA has authority under Section 904(b) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) to solicit this information. Amid growing concern about the marketing of ENDS products to youth, FDA seeks to further understand the relationship between rising youth exposure to online ENDS marketing and youth ENDS use.   This request for information reflects FDA's ongoing commitment to prevent youth use of tobacco products and is informed by research, including a CTP analysis which found that most leading ENDS brands use multiple social media platforms to market their products and do not use age restriction tools to prevent youth exposure to their marketing. Other research has found youth engage with ENDS marketing on social media by following and sharing brand messages. Additionally, several sources report that e-cigarette companies are marketing through brand ambassadors and "influencers" – people with large social media followings who can be compensated to promote products. Influencers may be likely to engage youth while marketing tobacco products. Youth engagement with online tobacco marketing, including social media marketing, is associated with tobacco use. Through a systematic process, FDA selected Aspire, Joyetech, Vaporesso, and Voopoo from among more than 40 leading ENDS brands, evaluating their presence, reach and activity on Facebook, Instagram, and YouTube, and whether they use age restriction tools for these platforms. Once FDA receives the requested information, the agency will use it to assess how these companies have used social media and worked with influencers to market their products and learn who is exposed to the companies' social media marketing. This information will also aid FDA as it evaluates marketing plans in PMTA reviews, conducts social media surveillance and monitoring of social media and influencer marketing, and considers strategies for reducing youth exposure to digital marketing of tobacco products. The companies have 60 days to respond to the agency. Failure to provide the information is a violation of the law and subject to regulatory and enforcement action by the FDA.

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