This week information came down from the White House that would finally deal a win to the entire vape community. Back on May 5, the Food and Drug Administration (FDA) submitted a regulation proposal to the Office of Management and Budget (OMB) that would ban all flavored e-liquid and flavored e-cigarettes unless it is authorized by the agency. If you are a manufacturer of e-liquid, you would have to go through the Pre-Market Tobacco Applications (PMTA) process. The PMTA came about as part of the Tobacco Control Act of 2009, a process which could cost hundreds of thousands if not millions of dollars to any manufacturer of vape products. The only companies that would be safe would be those formed prior to the grandfather date of February 15, 2007.
The FDA’s reasoning for imposing the regulations are that the flavors appeal to children. They noted in their proposal “a dramatic rise in youth and young adult use of typically forever tobacco products, like e-cigarettes and waterpipe tobacco, and continues youth and young adult use of cigars.”
Should the White House have accepted the proposal it would have gone into effect August 8 of this year. It is without doubt that the e-cig industry estimated to be worth $10 billion by 2017 (VapeNewsMagazine.com) would be obliterated. According to Reuters, the OMB axed the FDA’s plan and the rationale behind it.
The question that we have to ask now is, is this regulation thing over? and what happens next?
Emily Cain, a White House spokeswoman says the OMB “does not comment on changes made during the interagency review process.” If it’s in the review process you can bet that this fight isn’t quite over. The Discount Vape Pen Team believes that the original proposal by the FDA will only get revised. We suspect that the grandfather date will be changed and a more reasonable set of rules such as restrictions on the levels of nicotine but that the thousands of e-liquid flavors won’t totally get canned like they wanted.
Some issues with the FDA’s proposal still have not been addressed. One such issue is the restrictions against the mods and other devices themselves. The world of sub-ohm could still be in jeopardy. The flavors may be safe but could we be reduced to using e-cigs like Blu or super low wattage devices like eGo pens?
We just don’t know.
The war is not over just yet so it’s important to continue to support advocacy groups and vape lobbyist like CASAA, petition, go out to rally’s and do whatever we can to secure victory.