Deeming Regulations have been released!!!!

[Oliver]

You can download all 499 pages of the regulations here: https://s3.amazonaws.com/public-inspection.federalregister.gov/2016-10685.pdf

We liveblogged the reaction: Deeming Live blog | vaping.com

Clive Bates on Stanton Glantz and the junk science which got us here: Professor Glantz brings his anti-vaping crusade to Europe – I review his presentation

Here's the reaction from US vaping organisations:

SFATA:SFATA ISSUES STATEMENT ON FDA’S FINAL DEEMING RULE - SFATA | Smoke Free Alternatives Trade Association
VTA: (via Phil Busardo) - http://www.tasteyourjuice.com/wordpress/archives/12809
AVA: Not yet
TVECA: Not yet

And from ECITA, UK org: FDA ‘Deeming’ of e-cigs – designed to destroy? | ECITA - Electronic Cigarette Industry Trade Association

Individual commentors

Mike Siegel: The Rest of the Story: Tobacco News Analysis and Commentary: My Op-Ed in Wall Street Journal Points Out Folly of FDA E-Cigarette Deeming Regulations & The Rest of the Story: Tobacco News Analysis and Commentary: FDA E-Cigarette Deeming Regulations are a Disaster for Public Health

Carl Phillips: Ecig deeming regulation — nothing new to see here

Rich Lowry: http://nypost.com/2016/05/09/uncle-sams-crackdown-on-e-cigs-will-make-it-harder-to-quit-smoking/

Sally Satel: What the US should learn from the UK's wisdom on e-cigarettes - AEI

Consumer organisations:

CASAA: CASAA: FDA Deeming Regulations: Release and Next Steps

Various articles
Washington Post: Why the FDA’s new e-cigarette regulations are a gift to Big Tobacco (and could actually harm public health)

Economics21: FDA’s New E-Cig Regs Will Kill

US News: What the E-Cigarette Black Market Will Look Like if FDA Stomps Industry

Reason: Government Officials Are Determined to Turn Vapers Into Scofflaws

PBS interview with Mitch Zeller: Skyrocketing teen use of e-cigarettes leads to new regulations

Clarityse: When two tribes go to war

Stock Transcript: The government crackdown is here: What the FDA regulations mean for e-cigarettes | Stock Transcript

Science Explorer: FDA Announces That E-Cigarette Products Will Now Be Regulated Like Regular Cigarettes

NYT Health: http://www.nytimes.com/2016/05/11/upshot/e-cigarettes-are-safer-but-not-exactly-safe.html

Weekly Standard: FDA Moves to Kill E-Cigarettes

Think tanks:

FEE: How the FDA Is Helping Big Tobacco and Encouraging Teen Smoking | Jonathan H. Adler

See also Sally Satel at AEI above
Videos

Brent Stafford (regulator watch): NO MORE CASUALTIES - VAPING BECOMES COLLATERAL DAMAGE IN WAR ON SMOKING - REG WATCH (E28) from Brent Stafford on Vimeo

 

[DavidAmonettNashville]

Sheesh...I'm at work and can't keep up. How bad is it??

 

[tiburonfirst]

''Deeming regs are as bad as we believed: "FDA anticipates that most manufacturers of e-liquids and components/complete delivery systems will seek authorization through the PMTA"

from sj's blog

 

[hittman]

I guess we all knew it was coming. I haven't kept up with it as much as some but am a little surprised that they are hitting the hardware so intensely.

 

[hittman]

So if I understand correctly, there is a 90 day grace period? I'll try to read more later. So I wonder how much stuff they'll be able to stop from coming into the country from china.

 

[cooladdict]

Ugggggh, why do I have to go to work today??? I would love to be able to stay on top of this! Thank you, @SmokeyJoe, for the live blog updates. It will make it a little easier to stay in the loop.

 

[Katmar]

You can download all 499 pages of the regulations here: https://s3.amazonaws.com/public-inspection.federalregister.gov/2016-10685.pdf

We're liveblogging the reaction all day at Deeming Live blog | vaping.com

Thanks for blogging, SJ. We're all counting on you to break it down for us, as you can. So far, not looking very good. We cannot give up hope, though.

 

[cooladdict]

I guess we all knew it was coming. I haven't kept up with it as much as some but am a little surprised that they are hitting the hardware so intensely.

That makes me furious!! I just don't see how they will be able to enforce that. There are too many other battery operated devices on the market that can fail, so are those next?

 

[pennysmalls]

No way is the vape industry going to just bend over for this. I see an all out war coming, I really do. Flat out non-compliance, blatant work arounds, black market, you name it.

 

[nlgeekdad]

Interesting line "It is noted that the study involved a convenience sample of 51 types of flavored e-cigarettes and may not be representative of the types of e-liquids currently available to users." My question would then be whats the point in the study? If it does not represent whats available to users then what the heck are they testing for their study?

 

[DaleH1985]

I hope it does become an all out war. This all boils down to big tobacco getting their way by lining a few pockets in the right places.

 

[kbeam418]

China will just call there mods "variable wattage" flashlights. The FDA just created a HUGE black market, do they think a billion dollar industry will just go belly up? They'll be an Al Capone of e-liquids and the corporations in China will be filing lawsuits. I myself will vape BECAUSE the FDA tells me not to.

 

[Marina2]

For those wondering how long...

"Under staggered timelines, the FDA expects that manufacturers will continue selling their products for up to two years while they submit – and an additional year while the FDA reviews – a new tobacco product application. The FDA will issue an order granting marketing authorization where appropriate; otherwise, the product will face FDA enforcement."

FDA takes significant steps to protect Americans from dangers of tobacco through new regulation

This timeline will start 90 days after rule is in effect (Some say it will be in effect around August of this year.)

 

[Katya]

CASAA: FDA Deeming Regulations: Release and Next Steps

Per CASAA:

"The most important thing you can do is to make a call, write, or send an email to your Representative and urge them to cosponsor and support HR 2058. If there is one thing that has to be done, this is it. Encourage your family members, friends, everyone who has supported your journey to participate."

 

[Katmar]

For those wondering how long...

"Under staggered timelines, the FDA expects that manufacturers will continue selling their products for up to two years while they submit – and an additional year while the FDA reviews – a new tobacco product application. The FDA will issue an order granting marketing authorization where appropriate; otherwise, the product will face FDA enforcement."

FDA takes significant steps to protect Americans from dangers of tobacco through new regulation

This timeline will start 90 days after rule is in effect (Some say it will be in effect around August of this year.)

No, it will be longer than that. 24 months and 30 days according to the regs. and the folks blogging, including SJ.

 

[suprtrkr]

More fool them.

 

[MacTechVpr]

Time to disband the FDA and reconstitute its ostensibly constructive elements as highly compartmentalized dedicated operations. It has grown way too powerful. And the people will be controlled by such presumptive authority…for the sake of our health. The only thing unhealthy in this situation is the FDA. The combination of tobacco and drugs in a food regulator is hazardous to our health. Good luck.

 

[MacTechVpr]

China will just call there mods "variable wattage" flashlights. The FDA just created a HUGE black market, do they think a billion dollar industry will just go belly up? They'll be an Al Capone of e-liquids and the corporations in China will be filing lawsuits. I myself will vape BECAUSE the FDA tells me not to.

Hear, hear! What they've just done is institutionalize a monolithic cartel called Corporation China making it virtually impossible for us to innovate into legitimacy. Good luck all.

 

[jackmormon]

This could be easily rectified if Joyetech offered Donald Rumsfeld a CEO salary for doing nothing and then he gets appointed as head of the FDA for a few months.

This is how Aspartame was approved by the FDA after years of denials. (GD Searle & Donald Rumsfeld pulled off this stunt.)

 

[williamclarkonet]

No way is the vape industry going to just bend over for this. I see an all out war coming, I really do. Flat out non-compliance, blatant work arounds, black market, you name it.

Very true!