How FDA Rulings on E-Cigarettes Affect Vaping Consumers May 17 2016

FDA Vaping Electronic Cigarette Regulations


May 17th, 2016 | Adam Winfrey | Big D Vapor

The Food and Drug Administration’s Deeming Regulations for tobacco products were published on May 5th and went into effect on May 10th, 2016.  Unfortunately, these regulations include electronic cigarettes, despite the fact that they contain no tobacco (only nicotine).  These far-reaching new laws will decimate tens of thousands of small vapor businesses throughout the USA and will significantly decrease the availability of vapor products in years to come.

What Does This Mean To Me, The Consumer (Vaper)?

First and foremost, if these regulations go unchallenged it means that 99% of E-Liquids on the market today will cease to exist.  None of your local vape shops will be able to afford the compliance or risk continuing to mix the liquid in the house illegally.  For each flavor and nicotine level, millions have to be spent for FDA compliance testing, and spending those dollars will not conclusively deem the e-liquids compliant.  

For the past few years, the progression and innovation we have seen from hardware manufacturers have resulted in thousands of options for vapers with lower prices.  This innovation will come to a screeching halt if every single device must comply with expensive tests and regulatory compliance.  We can expect fewer options, less innovation, and much higher prices.  Consider stocking up on mods now! 

What Does This Mean To My Local Vape Shop?

If Americans cannot successfully mitigate this legislation and appeals fall on deaf ears, you can expect the vast majority of electronic cigarette retailers to close their doors in 15 to 24 months.  Unlike most retailers, who carry a more diversified inventory, Vape shops typically sell only hardware, liquid, and vaping accessories. The lion's share of a vapor store's profits has always come from liquid, especially craft liquids made by small companies or in-house.  There simply won't be enough margins off of hardware and accessories alone to offset the elimination of the liquid profits.  Sure, some larger e-liquid companies like Cuttwood or the ones owned by Big Tobacco will be able to invest the approximate 1,000 plus hours of required time to become compliant.  However, if everyone is selling the same product, the situation becomes a price war until only the strongest are left to survive.

What Is The Industry Doing To Save Itself?

Multiple industry coalitions are working together to fight back against this unnecessary regulation.  The major hardware manufacturers, Smok, Aspire, Innokin, and Kanger, have joined the Shenzhen Electronic Vapor Industry of America (SEVIA) to collectively defend cumbersome red tape.  On May 10th, Halo brand e-liquid's parent company, Nicopure Labs, LLC filed suit against the FDA in federal court. Several pro-vaping lobbying groups are working towards fighting the new regulations, which we will list for you at the end of this article.  Since we are collectively looking at over 100k jobs in the USA alone, not to mention the commerce created to support these businesses, you can rest assured we will not go down without a fight.

Why Is This Happening?

Despite what industry outsiders may think, this has nothing to do with health or exploding batteries.  This is purely a documented case of Big Tobacco losing a significant amount of market share to an industry where it has had very little success, despite all of their acquisitions of electronic cigarette companies.  Mitch Zeller, head of the FDA, has openly admitted "E-Cigarettes are far less hazardous than tobacco cigarettes", yet remains firm on the legislation that will simultaneously eradicate the companies that built the vapor industry while lining the pockets of Big Tobacco.

What Can I Do?

If you believe in your right to continue vaping and/or supporting your local small businesses, you need to write your legislators and support the groups fighting for your rights.  The Consumer Advocates for Smoke-Free Alternative Association (CASAA) has set up a quick form that will automatically email everyone from your local representatives to the White House Here.  Here's a list of groups you can support or follow in order to help, as complacency will make pleasurable vaping a thing of the past.

AVA (American Vaping Association)

CASAA (The Consumer Advocates for Smoke Free Alternative Association)

SFATA (Smoke Free Alternatives Trade Association)

TVECA (Tobacco Vapor Electronic Cigarette Association)

VTA (Vapor Technology Association)