From SFATA-
The past couple of days have been filled with misinformation and fear."
It has been two years since the FDA started the deeming process and SFATA has been there at every step of the way. Panicking and making rash decisions will not help our industry overcoming these challenges.
Kurt's thoughts here are a good reminder of that.
Kurt Loeblich
May 7 at 2:02am ·
The past couple of days have been filled with misinformation and fear. From claims that nicotine free eliquid does not fall under FDA jurisdiction to news articles speaking of FDA endorsed raids on vape shops in 91 days, it is abundantly clear that people DO NOT understand what these regulations entail.
As many of you are aware, SFATA had a conference call with ~600 members, their legal team, and lobbyist. Since the call ended, I've struggled with the idea as to whether or not I should discuss this phone call with you guys, the members of the Vaping community and my friends and family.
Why? What would cause this inner conflict?
It is now evident to me that we, as an industry, were sorely unprepared. The Sottera decision (NJOY v. FDA) put us in between a rock and a hard place. Now we are seemingly scrambling to find our way out.
That being said, I will keep the conversation (and many of the topics discussed) to myself. It is of my belief that the individuals tasked with the understanding and dissecting of these regulations need more time before they can better direct us with what we need to do in near future and beyond.
I am not, however, recommending that you wait until you are told what to do.
If you are a business owner, it is alone your obligation to understand the regulations as they are written. Hire an attorney. Call the FDA. Read the regulations. Doing ANY or ALL of those things is better than nothing. I personally have read them, and I'm not happy with what I saw, but it is what it is (until litigation or legislation change says otherwise).
If you are a consumer, feel free to get educated with the regulations (see above recommendations). However, do not share random social media posts with interpretations unless they are from a trusted source (as of this point, I wouldn't assert that anyone is an expert on these regulations).
Next, you need to continue to support HR 2058 and The Cole-Bishop Amendment, and simultaneously continue to express your concerns with your elected representatives. Become a member of CASAA if you have not already, and participate in their many calls to action. They alone will be YOUR voice.
Business owners:
Here's the deal. If you make eliquid, you are now a tobacco manufacturer. You will need to complete the PMTA process if you wish to continue manufacturing eliquid. If you manufacture hardware such as mods or atomizers (aka tobacco components) you will need to complete the PMTA process.
If you "manufacture" wicking, batteries, or any type of other vaping apparatus (pre-built coils comes to mind), it is of my personal interpretation that you will need to complete the PMTA process. My interpretation is subject to change once my attorneys complete their analysis and I will update you guys accordingly.
What direct steps do we need to take as an industry?
Realistically speaking, I don't have an answer to that. I have a fairly good idea what manufacturers and business owners will need to do (and the timelines associated with those tasks) but I don't want to make an announcement until further analysis is complete. I firmly believe that no true action should be taken until we have a very firm grasp on the regulations. Once again, I will update accordingly.
One last snippet worth mentioning:
We have three ways to "attack" these regulations in my opinion. A three pronged attack if you will.
1) Legislative - get your elected representatives on our side.
2) Public opinion - we need to support A Billion Lives. This film has the possibility of opening non-vapers eyes to this industry and the attacks we've been fighting for years. If we get the public on our side, it will be much easier to get legislators on our side.
3) Litigation - assuming we, as business owners, have grounds to file a lawsuit, it may also be an option. However, I strongly urge ALL business owners to not file a lawsuit. Premature filing can ruin any chance we have. I currently have my legal team looking into any potential claims we may have and, assuming there is something we can fight for, will keep relevant individuals in the loop. I wouldn't even say we are in the preliminary stages of a lawsuit yet. Once again, we need to understand these regulations inside and out before we take it to the Courts.
I'll do my best to keep you guys up to date with further discussions/information that is provided.
Love you guys. Hang in there. This isn't the end. We've got a long and difficult road ahead of us but I have faith that we can be victorious if we all persevere.
Really? 
