Kellyanne Conway Says the FDA Has No Jurisdiction Over Vape Shops. The FDA Disagrees.

Presidential adviser Kellyanne Conway suggested yesterday that the Food and Drug Administration (FDA) may decide to exempt vape shops from its pending ban on flavored e-cigarettes. There is a certain logic to that, since those shops, unlike other retailers, do not admit minors, and curbing underage vaping is the rationale for the ban. But it's not clear that approach would be legal. Furthermore, Conway's assertion that the FDA "do[es] not have jurisdiction over vaping and vape shops" is puzzling, given how the agency understands its regulatory authority.