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August 8 prohibition & the FDA e-cig regulations: Vaping braces for ‘industry freeze’

For many in the vaping community, August 8, 2016 will be the date in which the newly announced FDA e-cig regulations switch from a mere threat to a startlingly true reality.   Retailers and manufacturers of everything from e-liquid to vape mods and batteries have been preparing for this date since early May, but the majority of consumers will now begin to slowly feel the negative effects of what many say is federal oversight gone amuck.

Much has been said about the controversial February 15, 2007 predicate date that requires all vendors of e-cig and vaping products to submit a Pre-Market Tobacco Application (PMTA) on each product within the next two years.  But August 8 is perhaps even more potentially devastating in the long term.  According to the FDA e-cig regulations, this is the date when an industry freeze on all new products will go into effect.

(Related Article: NEW FDA E-CIG REGULATIONS AND THE MILLION-DOLLAR PMTA PROCESS)

What August 8 prohibition means to the average consumer

Consumers of e-cigs and vaping products have seen a remarkable amount of innovation in recent years.  They have grown accustomed to an industry that is constantly breaking new ground, consistently inventing bigger and better products, and releasing them to the market at lightning speed.  On August 8, all of this revolutionary progress will essentially stop in its tracks. 

  • Instead of being offered hundreds of new e-liquid blends each and every week, consumers will be forced to purchase only those brands originally released prior to August 8, unless the retailer chooses to pay the million-dollar PMTA fee.
  • Instead of being offered a “new and improved” atomizer that resolves that frustrating leaking problem, consumers may have to do without because the vendor cannot afford to pay a second, million-dollar PMTA fee.
  • Repairs of vaping and e-cig equipment via a firmware fix will no longer be readily available, unless the manufacturer chooses to pay the million-dollar PMTA fee.
  • Retailers will no longer be giving away free samples of e-juices to their customers, which is part of the fun of heading down to the local vape shop.
  • Vape shops will no longer be building new coils for their customers either. Every new build requires yet another payment of a million-dollar PMTA fee by the retailer.

These are just a few examples.  The long-term effects are even more potentially devastating. After August 8, manufacturers like Kanger and JoyeTech will now be forced to undergo the costly and time-consuming PMTA process for each and every new product released to the market.  A new PMTA will even be required for existing products with some new-fangled update or modification, like an improved firing button or a safer casing for an 18650 battery. 

In short, innovation will stifle, large numbers of current products will become obsolete at a much faster pace, and new replacement products will take perhaps a year or more to become approved by the FDA, if at all, and released to the marketplace.  Perhaps even more menacing, the entire vaping industry becomes far more dangerous as a result.

(Related Article: FEDERAL JUDGE CONSOLIDATES HISTORIC LAWSUITS: NICOPURE LABS VS. FDA E-CIG REGULATIONS)

25 comments

  • From my understanding we cannot raffle or giveaway product any longer during Events such as Cloud Comps? What will host have to do for prizes for the cloud comps ?

    Cj
  • I am not only one who vapes, I am also a manager of a Vape Shop. My boyfriend is the owner of the Vape shop. Him, myself, and my 3 year old depend on the Vape shop for income. They are not only destroying people’s healthier life choices, they are also destroying jobs which help families survive..and all because they are not getting as much tobacco taxes. They don’t care about our health or the small business man. The European Health Agency determined that vaping is 95% safer than smoking cigarettes. These studies should be done by the FDA. I’m so glad that Nicopure is suing the FDA. These decisions should be based on Scientific Research, as the FDAs mission statement declares. They are not basing any of this on Scientific Research. It’s all about money. This is ridiculous.

    Heather
  • Smoked 38 years. Tried many things to quit and baling did it for me. And for about 40 of my friends! Who or what gives these people the right ???? Always trying to rule the world. I won’t quit, there’s ways around every man made law ever made, it’s gods laws you’ll suffer. Who made theses people the boss/God/instructer/right or wrong? Bullshit I say! Nobodies hurting anyone by vaping! Who’s mad? The people who have lost their loved ones for smoking! Again who the hell are these people making these stupid laws/rules? Dumbasses. That’s who

    Bobby
  • I quit smoking cigarettes over 3 years ago and have been vaping ever since. I have not had an health issues since I switched and would really hate to go back to making cigarettes again. Leave it alone!!!

    Karen
  • The tobacco industry is losing money so the feds are losing money. Of course that means vaping is evil and must be stopped. Vaping is likely the best quit smoking thing to ever happen (besides dying of lung cancer) and these assholes gotta mess with it!!!? It just shows that money is more important than health to our government. We must ALL get with the program and stop this garbage law in its tracks. Ask your local vape shop how to get involved stopping this unconscionable travesty. Its Un-American and total bullshit. Once again, WE THE PEOPLE need to come together and put a smackdown on the tobacco industry and greedy politicians.

    Bud

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