For newbie vapers browsing online for e-liquids and vape mods, you might be tripping over more than a few articles regarding the controversial FDA deeming regulations. There are a wide range of differing opinions, and some readers can leave comments on blogs that can be very confusing. So, what are the FDA deeming regulations, and what do they mean to you? Here’s a short summary.
FDA Deeming regulations announced May 5, 2015.
As with any new technology that enters the American marketplace, the federal government is usually quick to regulate the industry. Political beliefs aside, the general assumption is that the U.S. government wants to step in to ensure that the new products are generally safe for American consumption. But when the FDA announced its deeming regulations for the vaping industry last May, many were astonished at how harsh the new rules actually are.
First of all, the FDA decided to regulate the vaping industry by essentially copying their regulations for Big Tobacco. They took the regulations that already apply to conventional cigarettes and cigars, and they simply inserted the words “electronic cigarettes” into the document. Of course, it’s a little more complicated than that, but essentially, the FDA is making e-cig and vaping retailers follow the same strict and uber-expensive regulatory requirements of Big Tobacco. This includes something called a Pre-Market Tobacco Application, or PMTA.
The Pre-Market Tobacco Application
The FDA has approved only one PMTA in the past six years. And a PMTA costs about $1 million per product. For the vaping industry, this means that a Mom and Pop vape shop would theoretically have to pay $1 million every time that they want to release a new brand of e-liquid, a new RDA, or even a new coil. In fact, thanks to the new FDA deeming regulations, it is now illegal for vape shop employees to even assist their customers with coil building or even basic vape mod safety procedures because, theoretically, every new modification requires a new million-dollar PMTA.
E-cigs are not ‘tobacco products’
The FDA deeming regulations now classify all e-cigs and vaping devices as “tobacco products,” but all vaping technology is essentially tobacco-free. Yes, some e-liquids contain nicotine, but nicotine is not tobacco. Even eggplants and tomatoes contain nicotine. Does the FDA want to include these vegetables into the FDA deeming regulations, as well?
That is the basic argument of the vaping industry. Vape shops do not have the money to pay millions of dollars in taxes that they consider unconstitutional. And even if they did, these extra costs would automatically be transferred to the average consumer by way of exorbitantly higher prices.
There are several court cases currently underway that are fighting to repeal the FDA deeming regulations, but even newbie vapers should be aware. The FDA deeming regulations threaten to eradicate nearly 99 percent of the vaping industry in the next two years. If you want to keep vaping and stay off tobacco cigarettes, then you need to become active in the War on Vaping by contacting your Congressional members and Senators.