ALEXANDRIA, Va.—The U.S. Food and Drug Administration (FDA) has begun enforcement of the ban on flavored cartridge and pod-based e-cigarettes, which went into effect yesterday. These products must be removed from shelves and cannot be sold, with the exception of menthol and tobacco flavors.

"The agency intends to prioritize enforcement against certain illegally marketed flavored e-cigarette products, focusing on products that are particularly popular with youth and are easily accessible or marketed to them—such as flavored, cartridge-based e-cigarette products (other than tobacco and menthol)," stated FDA.

NACS has received reports from some retailers that undercover persons began conducting stings yesterday, telling store associates that while they can't purchase the product, another employee of the store left product in the back for them. If the product is sold or given to anyone, other than the wholesaler or manufacturer to which the product is being returned, it is a violation of the law.

NACS strongly urges all retailers to take precautions to ensure that products are removed from stores as soon as possible to prevent any inadvertent sales.

If there is unsold stock, NACS suggests retailers follow their own operational best practices for storing, handling and disposing of unsold stock that has been adulterated/recalled/banned or otherwise not permitted for sale. In general, these products should not be in view of customers and should be packaged, sealed and secured within an area of the store or warehouse that the public cannot access until the products can be returned to the manufacturer or wholesaler.

Flavored e-liquids are still permitted in open systems and single-use, disposable e-cigarettes.

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NACS advances the role of convenience stores as positive economic, social and philanthropic contributors to the communities they serve. The U.S. convenience store industry, with more than 153,000 stores selling fuel, food and merchandise, serves more than 165 million customers daily—half of the U.S. population—and has sales that are 11% of total U.S. retail and foodservice sales. NACS has 1,900 retailer and 1,800 supplier members from more than 50 countries.