This should provide clear sailing for any E-Cig to get full approval via the FDA. Without going into the 2007 date, or if that date for E-Cigs will be 2011 or 2013 in the final draft. There are enough predicate products in 2007 to compare all E-Cigs from V2 and the rest. There are no substantial differences in the product, and especially the end Vape to the user, in the form of content.
This clear language will hopeful alleviate the concern that existing E-Cigs will be stopped from selling, and the formality of the paperwork will be easy enough. Once one example application is available, the rest can be modeled upon it, with minimal hours of time to generate easy multiple applications. Good ol cut and paste will be at the ready. If one E-Cig is legal, the door is open and wide for all the rest to come in. Nice find.
Did you miss the description of how this is currently working in practice? There is no "clear sailing." No matter how simple or obvious it seems to you or I that two products are comparable, the FDA has been asking for minute details, not just on the product being submitted, but on the predicate product. You have to pony up extremely detailed specifications for that earlier product. If that product was produced by some other company, not your own, you might not have all that information or be able to get it.
"It is important, therefore, that you submit sufficient information to enable FDA to determine whether the new tobacco product has the same characteristics (defined as the materials, ingredients, design, composition, heating source, or other features of a tobacco product) as the predicate tobacco product, in accordance with 910(a)(3)(A)(i), or has different characteristics but it is not necessary to regulate the product under section 910(c)(1)(A)(i) because it does not raise different questions of public health, as required by 910(a)(3)(A)(ii). FDA understands this to mean that 905(j) reports are to be organized based upon the list of characteristics as set forth in section 910(a)(3). In addition to these characteristics, for products that have different characteristics, FDA may determine that additional information is needed to determine whether the products raise different questions of public health."
See pages 9 through 13 of the Guidance document for the details.
The FDA has received at least 3,500 SE applications and has acted on no more than a few dozen of them.
A single predicate product does not mean that multiple companies can all use the same predicate product. These applications contain proprietary information that the FDA is obligated to keep securely. You cannot grab another company's document and copy/paste. That would be considered corporate espionage.
"FDA believes that a meaningful scientific comparison intended to determine whether the characteristics of the products are the same or are different but present no different questions of public health cannot be made between a new tobacco product and multiple predicate products."
What the "clear language" means is that they want each application to use only ONE predicate product. In other words, you can't claim that features 1-10 of your new product are comparable to features in Predicate Product X, but that features 11-20 are comparable to features in Predicate Product Y. Get it?
This current guidance does not apply to products that are not regulated yet as tobacco products. No doubt they will need to write a separate SE Guidance document to cover e-cigarettes, since they are very different from tobacco cigarettes. Our concern is that so far, the FDA has been very, very picky, sending back SE applications asking for more and more detailed information. "A coil is a coil is a coil" very likely will not cut it with tobacco regulators. If they follow the same pattern as this document, they will be asking for all of the metals that went into making a coil, design drawings, etc., and will want the new product to be identical in every way with the predicate product, unless the applicant can pony up proof that the new design does not present any changes in health risks.
Tobacco companies might be able to absorb all these costly analyses, but those e-cigarette companies not owned by a tobacco company could be bankrupt by this process if it continues to be administered in this fashion.