Loading... Please wait...

E-cig Regulations: Where are we now?

Posted by

With all of the controversy surrounding vaping and e-cigs, it’s often easy to forget just how we got to this point in the first place. While everyone seems to agree that “smoking is bad” and should, therefore, be regulated by the government, electronic cigarettes are still being lumped into this same, deadly category. But why?

Part of the problem is the name itself, electronic cigarette. Perhaps if we had called the technology by another name, then we wouldn’t be in this mess. But here we are, right in the middle of a very ugly battle.

The U.S. government is slow to regulate e-cigs, but it is not for lack of trying. The first attempt by the FDA to coerce Congress into vaping regulations occurred in 2009 when the government agency tried to label them as a “drug-device combination.” Luckily, the courts didn’t agree, but they did decide to call them “tobacco products” instead, probably for lack of a better, clearer definition.

Next came the signing of the Family Smoking Prevention and Tobacco Control Act by President Obama, which granted the FDA the authority to regulate all tobacco products. But the new legislation does not explicitly include e-cigs, hookahs, and other vaping technology that are so popular today. While the earlier court ruling labeled them as tobacco products, the new law did not.

So, the power-hungry FDA decided in 2014 to go ahead and take over the vaping industry. But when they tried to flex their muscle, over 100,000 American’s flooded the agency with complaints within only a few short months. In fact, most of these complaints are still waiting to be officially answered by the Office of Management and Budget. The FDA backed down, and the result is a vaping industry that is virtually regulation-free….at the moment.

Just a few weeks ago, President Obama signed a new law that mandates child-proof packaging of all e-cigs, vaping devices, and their related e-liquids that contain nicotine. Meanwhile, numerous states have stepped in to pass their own laws, such as minimum age requirements or restrictions on vaping in public venues. Some states are imposing rather excessive excise taxes on all vaping and e-cig technology in an attempt to diminish consumer appeal.

So where does this leave us? Should e-cigs be classified as “tobacco products” as the courts have previously ruled? Or did the courts really know what they were saying when they called a Blu e-cig a “tobacco product?” It seems that no one is ready to make the final decision yet, including Mr. Obama. 

comments powered by Disqus

Sign up for our newsletter

View Cart Go To Checkout