FDA Update: It's not black and white

[Annette Rogers]

It’s not yet official, but we’re hearing early reports on the expected sweeping new vaping regulations the FDA is expected to come out with next week. While some people are condemning the likely measures, as usual, we have a somewhat unique take on things. Looking past the hysteria, we see both winners and losers.

Regulatory Update: November 9, 2018

 

[tailland]

If it turns to be what you think it will be, then it doesn't sound that bad, actually.

However, distributors will have to step up their game and find a way to deliver their stuff to (those who're decribed as) "underserved" (in the article) more flexibly.

 

[Annette Rogers]

I agree, tailland. And I also hope that more vape shops will step up to support vaper's rights by supporting places like SFATA (Smoke Free Alternatives Trade Association), Not Blowing Smoke, etc. Time will tell how it all shakes out.

 

[billthetroll]

I think it's a good thing.I get all my juice online and I wish they would have been taking photo id's from the beging but a lot of people complain that it takes a whole 5 mins of their time lol.anyways I'm just glad I got here before that one guy post "I diy so I don't care because this doesn't effect me" comment.

 

[tailland]

(Plus, not gonna lie, I like the thought of pod systems taking a hard punch to the face. Never liked that trend in the industry.)

 

[bombastinator]

I would go with”none of the above”. It bad for the bad part of the industry and good for the good part of the industry. As for vapers it will drive vapers to better devices, though a few of them won’t be able to get devices at all. So it changes things but isn’t necessarily better or worse.

Is it good for me personally? Yes. There is nothing I want to buy at gas stations and it should up business at vape stores where I do shop.

 

[zoiDman]

... Looking past the hysteria, we see both winners and losers.

Regulatory Update: November 9, 2018

Just curious...

But what do You consider to be the "Winners" ?

 

[billthetroll]

Just curious...

But what do You consider to be the "Winners" ?

the fact we still get to buy vape gear online is a win, the fact that they didn't just do away with all flavors is good.

 

[bombastinator]

Just curious...

But what do You consider to be the "Winners" ?

I think it’s the vape stores and the hobbyist vapers who frequent them. It would be nice if big tobacco was getting it in the tushie but for them gas station ecigs are a disposable business. Losers would be the patrons of gas station ecigs. Some of them will come to the vape stores but a lot of them will simply resume smoking so big tobacco wins too.

 

[zoiDman]

the fact we still get to buy vape gear online is a win, the fact that they didn't just do away with all flavors is good.

I guess with that Mentality, anything short of an All Out Ban is a Win.

 

[zoiDman]

I think it’s the vape stores and the hobbyist vapers who frequent them. It would be nice if big tobacco was getting it in the tushie but for them gas station ecigs are a disposable business. Losers would be the patrons of gas station ecigs. Some of them will come to the vape stores but a lot of them will simply resume smoking so big tobacco wins too.

Yeah... I would Rather see a Smoker pick up a BT made e-Cigarette than No e-Cigarette at all.

And I have have No Love for BT.

 

[Sugar_and_Spice]

I think the questions becomes that if selling the Juul and the pod devices in no longer permitted in gas stations and 7-11, where will these products be sold? Some of the companies are pulling their product, but will all of them just cease and desist? I think not. The B&M's are the ones who are going to pick up a lot business when these companies start wanting to sell their products in them. And as a business owner, who is in business to turn a profit, would be foolish not to accept these products. They just have to be prepared for all of the rif-raf that will come with it.

Thoughts?

 

[bombastinator]

Yeah... I would Rather see a Smoker pick up a BT made e-Cigarette than No e-Cigarette at all.

I have have No Love for BT.

Me too. Hence my statement.

 

[bombastinator]

I think the questions becomes that if selling the Juul and the pod devices in no longer permitted in gas stations and 7-11, where will these products be sold? Some of the companies are pulling their product, but will all of them just cease and desist? I think not. The B&M's are the ones who are going to pick up a lot business when these companies start wanting to sell their products in them. And as a business owner, who is in business to turn a profit, would be foolish not to accept these products. They just have to be prepared for all of the rif-raf that will come with it.

Thoughts?

A lot of them already do, so there won’t be that big a change. Also they are keeping tobacco mint and menthol, so it’s not like the business is going away completely. I suspect the only company that will really be damaged by it is juul

 

[Sugar_and_Spice]

A lot of them already do, so there won’t be that big a change. Also they are keeping tobacco mint and menthol, so it’s not like the business is going away completely. I suspect the only company that will really be damaged by it is juul

The change will be the number of people coming to the B&M. Depends on how much they don't want to return to smoking. If it is convenient for them to stop by one then they may continue but it it takes them 2 seconds out of their way......probably will no longer vape. People have just gotten plain lazy these days and don't want to do anything that requires any effort be put forth.

 

[zoiDman]

I think the questions becomes that if selling the Juul and the pod devices in no longer permitted in gas stations and 7-11, where will these products be sold? Some of the companies are pulling their product, but will all of them just cease and desist? I think not. The B&M's are the ones who are going to pick up a lot business when these companies start wanting to sell their products in them. And as a business owner, who is in business to turn a profit, would be foolish not to accept these products. They just have to be prepared for all of the rif-raf that will come with it.

Thoughts?

When one thinks of things like this, I think it is good to put things in 3 Basic Categories.

Smokers/Never Users
New Dual Users
Sustained Users

I don't think the Last Category of users will be nearly as Effected as the Second. And it is Hard to say what a Dual User might do if they Can't Buy where they used to.

It's the First Category that is Troubling. Because Many people get their First Exposure to an e-Cigarette at a C-Store/Gas Station. Either from Visual Impact or as an Impulse buy.

Sure B&M are going to pick up Some New Customers. Just as some customers are going to be Turn-Off by some B&M's.

 

[sonicbomb]

First they came for the socialists, and I did not speak out—because I was not a socialist.
Then they came for the trade unionists, and I did not speak out— because I was not a trade unionist.
Then they came for the Jews, and I did not speak out—because I was not a Jew.
Then they came for me—and there was no one left to speak for me.
- Martin Niemöller

This may seem overly dramatic, but you get the idea.

 

[Annette Rogers]

I know this is a controversial topic and people have strong feelings about it. I'm glad to see debate on the subject. One of the things I was dismayed to learn about while researching our various blog posts on this topic over the last couple months was the results of the FDA's sting operations over the summer. FDA found major chain retailers like Walgreens, 7-Eleven and Shell gas stations were illegally selling e-cigarettes to minors (resulting in 1,100 warning letters and 131 fines). I found it shocking that large chain retailers would neglect to check ID, threatening so many vapers and our entire industry. Initially, there was talk of banning flavors entirely as well as completely banning online sales. Bottom line, I feel the FDA's response could have been much, much worse. And, not everyone may agree, but I see a potential silver lining for both vapers and smaller businesses in the industry. But maybe I'm just seeing the glass half full. Time will tell.

 

[Annette Rogers]

And also, as bombastinator mentioned, tobacco, menthol and mint flavored e-cigs will still be available in gas stations for people looking for a first introduction to e-cigs or those who forgot to reorder e-liquid and get desperate. Then they'll have to turn to vape shops and smaller, online retailers to get the good stuff.

 

[zoiDman]

And also, as bombastinator mentioned, tobacco, menthol and mint flavored e-cigs will still be available in gas stations for people looking for a first introduction to e-cigs or those who forgot to reorder e-liquid and get desperate. Then they'll have to turn to vape shops and smaller, online retailers to get the good stuff.

Here is something I posted Today in another thread...

In and of itself, it Isn't the "Vapegeddon".

But let me ask you something. Do you think this action by the FDA is going to Significantly Reduce underage e-Cigarette use?

And if it Isn't, what would be the Next Level(s) of Restrictions the FDA would Enact?

Proposed FDA Ban