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

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.


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.


The opinions expressed in this article are those of the author's and do not necessarily represent the viewpoints, policy or company position of, the rest of our staff, and/or any/all contributors to this site.

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Dr. Vape - October 29, 2018

Hello big brother! More governmental control. Everyone’s blaming the government but it’s not their fault, it’s ours! We let our government run all over us and then cry about the outcome. We elect our leaders. If they don’t do what we want and what they promise us, then we need to get rid of them! It’s that easy… If they won’t go quietly, we force them out. Our constitution was written for that exact reason. We as amaricans are too scared, fat and lazy to “make” our government do a damn thing. Until we stand up and say NO MORE!!! And then do something about it, we’re stuck right here under uncle Sam’s thumb!
P. S. To everyone on here who can’t spell and is grammatically incorrect, please stop, you sound like uneducated idiots. Sad part is phones and computers have spell and grammar check programs. USE THEM!!!
And Daniel, it’s not ciggerets for God’s sake. They’re spelled CIGARETTES!!! If I had to read ciggerets one more time, aaahhhh! 🤔👍👌😮🤯😳🤪😡🤬🧠

Di - October 19, 2017

I will order my mods and coils from overseas like the last poster said if I have to. And I will start DIY juice. Fuck ’em.

Cory Williams - February 22, 2017

Could you just sell it as a “collectible” and say “not for human consumption.”

cayla wrightsman - January 19, 2017

I think we should keep E CIG and it does help and the best

Don Droga - December 13, 2016

E-Cigarette business to hit 10 billion by 2017. New prohibitive FDA regulations will consolidate the sprawling, dynamic vaping industry into the hands of two tobacco giants wiping out small to middle size businesses.

Teen texting and driving should be a major concern – way more dangerous than vaping.

Pat Mueller - December 7, 2016

Leave it to the gov’t to wreck something good. Tax dollars hard at work.

Lawrence - December 4, 2016

I’m sick of this shit, I will buy my equipment online from overseas if this continues. I will vape cheap, no matter what the FDA does. It’s not right, big tobacco! I love inhaling clean chemicals, no ash, cannabis oil is very vapeable and potent, healing as well. Vape on!

Trey - December 3, 2016
If you’re not my friends they will no more be able to stop in here and getting our equipment online where in they can stop drug sales and other illegal parking is on the Internet all they’re going to do is ruin the legitimacy of the genre as a normal business and legal substance. For history starts to repeat itself….. alcohol, scheduled narcotics, our systems is a whore slave to the rich crooked and powerful. Whom are dying off slowly and fighting the loss of grip
Bill - November 25, 2016

You can’t spell Food and Drug Administration without MAFIA.
It’s ironic that our government used to go after, and put in jail ‘organizations’ who attempted to do the very same thing the FDA is doing, extort money out of small business.
If this really was all for the public good, the FDA would support further product development and enhancement of product safety. Then ban the real killer Cigarettes.
If they want to put regulations on safety issues such as batteries and liquids… fine. They should not be able to corrupt and end an industry proven to get people off of cigarettes in favor of money.

Daniel - November 9, 2016

My brother has been smoking ciggerets when was barely 14years old.

The Vape have help him to lower the nicotine tolerance to quite smoking and on my opinion, is much safer than a ciggeret! Also, the regulations of the age should be 18+ why? Because most smokers start young. If we take care of their health from the beginning we can prevent cancer and other health risks. That’s the rebel age that mostly everyone had tried aleast something drugs/ciggerets/alcohol/sex… so what I’m trying to say is that we should consider the youngsters from 18+ to vape than ciggerts. It’s much safer & better for the public.

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