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FDA Regulation Could Kill Vaping As We Know It

Do you have your electronic cigarette handy? Take a look at it, for just a moment. Are you using an Ego Battery? Perhaps it is variable voltage, or variable wattage. How about a box mod? A mechanical mod, even? Awesome. What about your atomizer? Are you using a Tank? A Dripper? What about an RTA? Well, consider this. The FDA could kill vaping as we know it.

THE END IS NIGH?

If the FDA regulations pass, these products will disappear in as little as two years. The regulations stipulate that any product on the market post-2007 will have to submit a Premarket Tobacco Product Application (we’ll get to that in a moment). If you hang onto your older setups (like me), go look in your junk drawer, or wherever else you keep your antiquated gear. Maybe you have a Mark Ten, a Fuse, or even a Blu. Remember those days? To a lot of us, it feels just like yesterday, that we were relishing in the marvel that was the electronic cigarette. Refillable cartridges, no smoke, no smell… it was the future, right in our hands.

Well, that is where the future will stop, if the FDA Deeming Regulations pass. Can you imagine that? We will look back in time, and 2007-2015 will be the Golden Age of Vaping. Does that disappoint or upset you? All the innovation around us, gone. All the wonderful ideas that are just now generating steam, such as Temperature Control, the DNA Board, safer chemistry batteries, affordable authentic products…stopped dead in their tracks. Let that sink in.

Cigalikes and their replacement cartridges will be the only products left on the market that do not have to submit a Premarket Tobacco Product Application to the FDA. That doesn’t sound too bad, right? Can’t these companies just submit an application?

Like many things in life, it is easier said than done.

 

THE LARGE PRINT GIVETH, THE FINE PRINT TAKETH AWAY

In the three years prior to the market review, only two new cigarettes have been approved for sale. The FDA has been reviewing applications for nearly four years, has more than 150 employees evaluating, and they have received approximately 4,000 applications.

They have ruled on only 34 of them. On average, it would cost 5,000 staff hours (equivalent to 2.5 full time employees working for one year) and 333,554 to submit a PMTA.

[Source http://issuu.com/mschramel/docs/vape_august_2015_issuu/c/sc254ra]

Well, I guess that isn’t that bad…right?


It gets worse: The FDA requires that electronic cigarette manufacturers and vendors submit the PTMA for every SKU in their respective inventory. Every SKU. Think of it like this…

Hawk Sauce in a 50/50 blend, with 0 mg/ml nicotine, at 15ml, is SKU 1.

Hawk Sauce in a 65/35 blend, with 3 mg/ml nicotine, at 15ml, is SKU 2.

Hawk Sauce in a 20/80 blend, with 6 mg/ml nicotine, at 15ml, is SKU 3.

And so on, and so forth. 

This means that every nicotine level, in every blend, and every bottle size, will have to submit a PTMA. Going off those three examples, that is nearly a million dollars. For one flavor. Not only does this apply to juice, but it applies to mods as well. The renowned MVP comes in many different colors and models, and each will correspond to a different SKU.


I’d say it’s a pretty safe bet to assume very few, if any, manufacturers can stand up to this level of fiscal pressure. These ludicrous costs would kill vaping companies that aren’t bankrolled by Big Tobacco. In my mind, it leaves the majority of companies with very few options, and the two that stand out are:

1) Close up shop and say farewell to the industry

2) Downsize inventory dramatically

Neither of those sound fair. A lot of companies are heavily invested in their community, their consumer base, and their livelihood. While a lot of companies do come and go, at the core, they’re still run by people, with ambitions, goals, bills, and families. This would no doubt be devastating to a large majority of people involved in the industry.

Downsizing will make it impossible to offer a variety of products, and is sure to disappoint a multitudes of people. This will, in turn, cause the company to inevitably go out of business in the long run. In my eyes, the regulations are bullying companies out of the industry the only way they know.

It walks.

It talks.

Money.

But why? Why is this happening, when electronic cigarettes are helping so many people quit smoking?

THE MSA: Enabling Big Tobacco since 1998


In 1998, The Tobacco Master Settlement Agreement was entered (originally) between the four largest tobacco companies in the United States, and the attorney general of 45 states. The state Medicaid lawsuits against the tobacco industry were settled, in exchange for companies to curtail tobacco marketing practices, and pay in perpetuity, annual payments to the states to compensate for medical costs. [Source https://en.wikipedia.org/wiki/Tobacco_Master_Settlement_Agreement]

Some of these settlements are to the tune of 206 billion dollars over the first twenty-five years of the agreement.

Though, theoretically, this does not lead to a catalyst of overbearing legislation, a lot of states have issued bonds off the agreement, “mortgaging” them, if you will. This is a huge factor in why some states press legislation harder than others, because they need to tax vaping, to recuperate the lost revenue. Not only this, but think of how many people vape. Those people no longer buy cigarettes. Some of them may no longer need to visit the doctor as often, due to health concerns brought on or aggravated by smoking. Some of them no longer use Chantix, the patch, or nicotine gum. The pharmaceutical industry is now losing profit, too.

To bring this full circle, if the deeming regulations pass, 95% of the market will disappear. There will be no more eGo batteries, no more regulated box mods, no more VV/VW mods, no more tanks, no more coils, and very, very little (if any) juice that isn’t directly produced by Big Tobacco. It is a bleak, upsetting future. The health, well being, and job security of people is in dire jeopardy jeopardy. The only ones who can stop this are you, me, and the collective industry. To get involved, please visit this link to send a message to your local representatives, urging them to support H.R. 2058, which would change the grandfather date for newly deemed tobacco products. Contact the White House, and let them know how you feel about the FDA regulations, and how it is detrimental to both you and an industry.  


There is only one way to fight this: We must all come together, and make our voices heard!


White House contact information- (202) 456-1111

Casa Call To Action

CASAA

Something to think about:

What additional steps can we take to make sure the FDA doesn’t kill vaping?

Carlos
 

Carlos enjoys writing music, collecting video game memorabilia, and is a die hard reptile enthusiast.

  • Tee says:

    Good article.

    Please fix the main CASAA link at the very end (under CASAA call to action) the .com is missing from the url so the link doesn’t work 🙂

  • Sam says:

    Hey awesome article worth a good read to pass along to my buddies.

  • Ryan says:

    I don’t have many words for this so disappointing. All I can say is im highly effected by this and will doo what I can to help!

    • John Swanke says:

      Make sure to keep yourself up to date on what’s going on politically in your area and at the national level as well. In fact, regulating ecigs and vaping really is a global concern. When one country loses the right to vape we all suffer a loss. Let your local representatives know that you vape and you vote!

  • Rob says:

    Why aren’t they trying to get rid of regular ciggs. ?they are far more harmful.

  • Keith m. says:

    It looks like our worst fears have just come true. I sincerely hope i can continue vaping and i never have to go back to smoking cigarettes or poisonous products approved by the government. This is all just one big nightmare and i seriously hope it doesnt end up as bad as whats described in this article.

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