US FDA Delay Vaping Laws Until 2022

Published by Paul Larter on 2nd Oct 2017

After Europe shut down to move to the pub on Friday afternoon, the United States fizzled with the thrill of the Food and Drug Administration shifting its position on vaping. Though some reporters are suggesting that there is still some work to be done, several others are welcoming the development as saving most of the independent vape sector from almost sure death.

The “needed move will help save the tobacco industry from decimation by 2018,” announced the American Vape Association press release.

The Food and Drug Administration stated in the press release: “The US FDA announced a new detailed plan for nicotine and tobacco regulation which will serve as a multi-year program to better protect kids and reduce significantly tobacco-related death and diseases.”

Greg Conley, the American Vaping Association's President, summarized key points of the FDA as follows:

PMTA Deadline Delay - In a significant policy change, producers of noncombustible products such as vape products now have until 8 August 2022 to file their applications for premarket tobacco (PMTA).

Product Standard - FDA plans on issuing product standards for vape products "for protection against known risks of public health."

Clarity of the process - New "fundamental rules" will be issued by FDA for modification of the product review process.

Flavours - The effects of flavors will be studied by FDA, both on adult and young smokers seeking for a less harmful substitute.

Less-nicotine cigarettes - FDA will start a public dialogue on the effect of less nicotine in cigarettes to non-addictive grades.

Gottlieb Scott, Commissioner of the FDA, stated in his announcement speech that the market had witnessed a great change as a result of non-tobacco produce: "As a physician caring for patients with cancer in the hospital and as a cancer survivor, I saw the impact of tobacco, and I know very well that cigarettes are the main cause of tobacco-related death and diseases. What is now clear is that the FDA is at a distinct moment in history, with better new tools to address this devastating effect.

Through the noise, there are still points of concern for the vapers - especially when it says: "to hopefully regulate the flavors appealing to children in products such as Electronics Nicotine Delivery Systems." Conley tempered fears related to juice regulation by stating, "Dr. Gottlieb's announcement brings relief." Without the leadership of Dr. Gottlieb, more than 99% of the vape products on the market today would be banned within fifteen months."

He concluded:" The FDA rule continues to prohibit any innovation in the market, and with no major changes in the pre-market review process of the agency, could, however, result in a ban on the majority of the market in 2022. If Gottlieb wants to truly reduce diseases and death, in the long run, today's announcement should be the first of several others in reforming the regulatory process of the FDA."

An editorial in the Athens, Georgia paper has a more benevolent perspective: In spite of everything, a few things are going well in Washington. One that constantly comes to mind is the Food and Drug Administration's decision to quit in the e-cigarette industry. The decision makes sense in the light of research upon research, whose results tell us (as our reasons had previously suggested) that vaping and e-cigaretts are not a bad thing."