In August of 2016, the FDA passed new deeming regulations that threatened to cripple the vaping industry. These new rules would change the face of vaping and negatively impact the millions of vapers worldwide who rely on e-cigs to quit smoking. Essentially, e-cigarettes, e-juice, and their accessories were now deemed to be tobacco products and would be regulated by the FDA as such. It also established the following restrictions:
- Vape shops would be prohibited from offering free samples.
- Vape shops would be prohibited from selling new non FDA-approved products.
- Vape shops would be prohibited from selling to minors. EDITOR’S NOTE: OK, this one we wholeheartedly agree with!
- Vape shops would be prohibited from advertising, claiming or publishing material that stated that vaping was “lower risk,” “less harmful,” or “contain a reduced level of a substance” than another commercially marketed tobacco product without an FDA order in effect.
- Vape shops would be prohibited from mixing or preparing e-liquids in-shop, creating or modifying aerosolizing apparatus, or repackaging/relabeling products. EDITOR’S NOTE: This means no more changing your coils, building coils for you, or troubleshooting your devices!
- Any new vaping products created after February 2007 would have to apply for FDA approval. Application for approval would cost up to $1 million dollars per product and, if not approved, that money would not be refunded. If the product was not approved it would have to be taken off the market regardless of how long it had already been on.
You Have Got To Be Sh*tting Me!
These regulations were done in collusion between the FDA, Big Tobacco, and Big Pharma to either take over the vaping industry or destroy it. They say it was enacted to protect consumers. You and I both know it was done to protect their wallets. Meanwhile, folks like you and me who are dependent upon our e-cigs to quit tobacco are caught in the middle. Vaping was a grass-roots industry powered by plucky, inventive everyday people and was now in a fight for survival against three billion-dollar bullies. Big Tobacco doesn’t really want you to stop using their products even though it will give you cancer. Big Pharma doesn’t want you to stop using their FDA-approved smoking cessation or chemotherapy products should you get cancer. Even the FDA stood to lose a ton of money because they “regulate” both Big T and Big P. Without funds from their two buddies, where will the FDA get funding for “research”?
Then, It All Changed
So, there we were. The vaping industry had until November 2017 to fall into compliance. This looked like the death-knell for the vaping industry. Obama-appointed Surgeon General Vivek Murthy, a seeming anti-vaping zealot, appeared to have scored his big victory against the vaping industry. All seemed lost. Then the lawsuits started rolling in. One by one, legal challenges to the FDA’s Deeming Regulations started rolling in. The vaping community also rose up in protest. The same grassroots movement that started the vaping-as-smoking-cessation trend now became its warriors and defenders. This was war and those who depended on vaping for their health and livelihood were not just going to bend over and take it. Legislators like Duncan Hunter of California, Tom Cole of Oklahoma, and Sanford Bishop of Georgia introduced bills to help protect and defend vaping. What’s the result of all this? The FDA’s Deeming Regulations have been pushed back until 2022. We now have around four years to save our industry.
So What Can I Do?
Simple: GET INVOLVED. If vaping has changed your life for the better, if you don’t want the bastards who are putting money ahead of your health to win, then lift up your voices. Contact your representatives and tell them to fight for us. Support organizations that defend vaping like CASAA, Not Blowing Smoke, SFATA, and Defend Vaping. We have won the battle but not yet the war. Never forget:
"The only thing necessary for the triumph of evil is that good men do nothing." – Edmund Burke