The Federal Trade Commission announced that it is conducting an industry-wide study of the sales, advertising, and promotional methods of e-cigarette manufacturers.  Yesterday, the FTC issued orders to six companies requiring them to submit written reports to the FTC by January 2, 2020.  

The FTC said that the purpose of the study is to "assist the Commission, policy makers, and the public to better understand the rapidly growing e-cigarette market." 

The FTC requested a variety of information from the companies, including:  

  • Annual data on the sales and giveaways of e-cigarette products; 
  • Information about the characteristics of the companies' e-cigarette products, such as product flavors; 
  • Annual amounts the companies spent on advertising and promoting e-cigarette products;
  • Information about e-cigarette product placement;
  • The websites and social media accounts used to advertise or sell e-cigarettes;
  • Affiliate programs;
  • Influencer marketing; and 
  • College campus programs.

The study is compiling information for the years 2015 through 2018 and is intended to complement similar studies that the FTC has conducted for cigarettes and smokeless tobacco products.  

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.