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

Posted by Matt Rowland on

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.


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  • the government is supporting the tobacco industry. truth is, E-Cigarettes and other vaporizers have made TONS of ground in terms of helping people quite smoking, and the ammount of people who smoke tobacco is at an all time low, and the tobacco industries are scared. and here we see the government more concerned about big business and money, rather than people’s health.

    Steven on
  • I’ve simply lost confidence and respect for our government.

    Kathy on
  • I’ve been vaping for a couple of months and I got my air back and am able to chase my daughter around the yard and I think the government is full of shit for doing this it’s not harming them so they can stay out of our lives and busneess

    Thomas Thompson on
  • I have been using e-cigs a good 5 years before you could ever purchase that stuff in the states…I was a smoker (smoking cigarettes which is not the same as vapor) for many years. Every year I got sick, had pneumonia, bronchitis, emphysema, asthma and almost died…I had to get my lung drained etc. This was BEFORE I quit smoking cigarettes. Since I went to vaping instead, I haven’t been sick once, my lungs are completely better, I don’t have asthma or use an inhaler anymore, and I’ve used vapor long enough to KNOW that there is ABSOLUTELY NOTHING that’s ever harmed me or anyone in second hand vicinity in all those years! Vaping saved my life because nothing else I had ever tried helped me quit smoking. I have my singing voice back as a plus! NOBODY could EVER convince me that they are unhealthy…not EVER! This stuff that the government is doing to ruin a huge helpful product is INSANE at least! It kinda just shows how little we have to say about a damn thing in our “Free” country.

    Angela Marshall on
  • The government over reach and corruption and excuses to make us safe by passing tyranical laws sounds a lot like the gun debate and what’s happening with that. I really think that our consitution was written to help us common folk fight against a tyranical government. When our government gets too big and does stuff like this, we need to have mass civil disobedience. This is the only way. Let our government waste more money setting up a sting operation for a Vape shop not charging for a sample or let them catch someone repairing a
    Coil or a mod. This would make great news. This shit is totally unenforceable and we shouldn’t follow any of it! I SAY THE VAPE INDUSTRY SHOULD HAVE A MASS NON-COMPLIANCE DAY AND DO A BUSINESS AS USUAL TYPE EVENT. Make a date and everyone should go to their local shops and support NON-COMPLIANCE VAPE DAY!!! If the Feds or cops decide to raid it would cost thousand to the towns and would look very stupid of them busting Vape shops when drug dealers are running free. I’m sick of our government and how it’s treating people. If we vote Clinton in we will get another 4-8 years of this. It’ll only get worse people. Wake up where have you all been for the last 8 years. This shit has been going on everywhere.

    Adam on

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