2016 has been a crazy year for vaping. Ever since the August 8th regulations have come into force the ticking time bomb has started. In 2018 99% of vaping products on the market will become illegal unless they undergo an extensive premarket examination.
This would not be a problem if the examination was not estimated to cost between $300,000 and $1,000,000 per application. Every flavor of e liquid that wants to be sold after August the 8th 2018 needs to have gone through this process.
Originally the FDA wanted to classify all of the different nicotine levels of the same flavor of e liquid as different products. This would have meant that in addition to getting every individual flavor of e liquid approved. They would have to have every variation of nicotine concentration approved.
Thankfully the FDA removed that stipulation. Now e liquid only needs to undergo one approval process per flavor. However some of the smaller vape companies still cannot afford to do this. Even with each flavor only needing to be approved once. There are other stipulations the FDA are enforcing. Apart from the pre market application. Things like promotional codes and free giveaways will be banned, and vape shops cannot help customers set up their e cigs. But the approval process is the big one, its what will kill vaping.
The FDA backtracking on requiring each nicotine concentrate level of an eliquid to have a separate application is the only victory the vaping community has had so far. Things are looking a little bit bleak. But there is still a chance for hope.
Hope On The Horizon
Legislation that is being pushed through at the moment could still save vaping from extinction.
The first is an amendment to the agriculture appropriations bill, which will change the predicate date for vapor products on the market. The agriculture appropriations bill would only require new products to be approved, not ones already on the market. This is exactly what the vaping industry needs to survive. This amendment is slowly picking up co sponsors in the house, time will tell if it succeeds.
The agriculture appropriations amendment needs to be updated every 2 years. Which means it is only a temporary fix, and in 2 years time the vaping community could be fighting the same fight all over again.
HR2058 is a bill that is designed to do exactly the same thing as the agriculture appropriations amendment above. without the 2 year renewal stipulation. It currently has 72 co sponsors and rising by the month. Vaping enthusiasts are excited about this bill the most. As the date comes closer and the FDA’s ban gets more media attention the media will hopefully pick the issue up.
Time will tell if vapers are able to save the vaping industry. The history books will be watching the outcome of all this litigation and legislation and will pass their judgment accordingly.
But what will the right side of history be?