Last week, the FDA's Final Deeming Rule was released. You can read a brief analysis of the Deeming Rule by the Smoke-Free Alternatives Trade Association (SFATA) here.
As expected, the rule spells disaster for the American Vapor Industry. The FDA now officially classifies vapor products as tobacco, and plans on regulating them as such.
e-liquid manufacturers will have to submit an application for the approval of each flavor (in each nicotine level) they offer - this process will cost them hundreds of thousands of dollars per flavor. Clearly, the rule favors Big Tobacco companies, as they are the only ones with the kinds of funds needed to comply with the application process. It will put hundreds of small e-liquid manufacturers out of business.
Because of the February 15, 2007 predicate date, the FDA's Final Deeming Rule essentially bans all vapor products currently on the market. The technology of 9 years ago is vastly different than - and inferior to - the kinds of devices we enjoy today. Back in 2007, cartridges and small capacity cig-alikes were the norm. No variable voltage/wattage mods which last all day, no open-tank systems like your favorite changeable-coil tank, and certainly no sub ohm atomizers or temperature control.
The situation is grim, but there is still hope. We, like many other vapers, are going to continue to fight.
What can you do to help?
Join us in pushing for the passage of the Cole/Bishop Amendment (HR2058), which would move the 2007 grandfather date! Contact your local representative, and urge them to support HR2058.
Join and support organizations like CASAA, SFATA, AEMSA, AVA and NBS - these groups fight for our rights as vapers, and are pursuing legal and legislative strategies to help.
Make your voice heard and vape on!
