FDA Vaping Regulations in 2016

FDA Vaping Regulations in 2016

How Will These New FDA Vaping Regulations Affect Me?

You’ve probably heard quite a bit about the new FDA vaping regulations. If you’re scratching your head wondering “What does all this mean for me?” You’re not alone.

Guest post submitted by Luke Sipka

These new regulations are difficult to understand. We wanted to put together a resource that could help you get a better grasp on them and how they will affect your overall vaping experience.

In May, the FDA decided to enact new laws regarding vaporizers and the way they are regulated and sold. If you currently use a vaporizer, e-cigar, or e-liquid, these new regulations will directly impact the way you use them and purchase new products.

The FDA will require that every product associated with vaping undergo retroactive testing to be treated as a tobacco product. This includes both vapor cigars and box mods. These testing procedures are expensive and will cost companies millions of dollars.

Because much of the innovation and development in the vaping world is run by small businesses, the regulations will have a significant impact. Many smaller organizations will not be able to afford the expensive testing procedures that are required by the FDA.


Fewer Flavor Options

With the new FDA vaping regulations, there will be a decrease in the number of flavor options available to consumers. The FDA regulations require that each product undergoes retroactive testing to ensure that they meet previous standards.

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fda vaping regulations vaping experience

The testing procedures are incredibly expensive. Each flavor and e-liquid will be required to undergo a separate test. Every flavor and each different nicotine strength of that flavor will be forced to go through these testing procedures.

For a small company that may make 20-30 different flavors of e-juice in varying nicotine strengths, their tab will add up quick. Most companies will not be capable of covering the costs of getting one flavor retroactively approved, let alone all of their flavor options.

For the larger companies that can cover the expense, they will likely not be able to do so with all of their flavors. One of the best aspects of vaping is the numerous and creative flavor options available.

As these regulations become enforced, the majority of companies will only be able to carry their most popular flavors, leaving many unique and exciting flavors to fall off the map.

Imagine taking a wine tour of France and sampling some of the most delicious and impactful wines ever created, and then being limited to only cheap gas station boxed wine!

The Prices Will Rise

We can’t say exactly how much the prices will go up, but there will be an increase. Because of the extreme expense required to get a product retroactively approved, companies that manage to stay in business will hike up their prices as a means to cover the cost.

Along with this, the FDA will require vaporizer companies to introduce new packaging that mentions that the product contains nicotine. The buyers of these products will be forced to cover some of these costs as companies fight to stay alive.  

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Fewer Companies and Product Options

The new FDA vaping regulations will force businesses that make more niche products out of the market. With so many small companies in the market having the potential to go under, it is probable that the regulations will reduce your options for a vapor cigarette, atomizer, or box mod.

Beware of a Black Market

When any substance becomes illegal, the tendency is for a black market to form. With vaping being such an attractive commodity, people will begin to sell e-liquid and homemade vaporizers under the table. When purchasing products like this, it is possible that lower quality products will that have not undergone rigorous testing will appear.

How Companies are Combating These Regulations

Many companies view the regulations imposed by the FDA as both unfair and impractical. Many organizations have filed lawsuits against the FDA with the goal of getting the regulations changed or eliminated. One of these companies, Lost Art Liquids, was the first to file a lawsuit against the FDA.

Lost Art Liquids believes that these new FDA vaping regulations are out of line and misinformed. They believe the new laws will result in more people switching from vaporizers to more harmful products like cigarettes or cigars.

Not only do they believe that the laws are unjust, but they also believe they are violating essential first amendment rights. By categorizing vaporizer products as tobacco products, Lost Art Liquids feels the FDA is acting in a way that is not in touch with reality as vaporizers have no tobacco or resemblance to smoking.

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How You Can Get Involved

Some consumer advocacy groups have taken to the fight of eliminating or changing the new FDA regulations. If you’d like to see these laws overturned or modified, you can join one and get informed on the latest updates as they take place.

One great consumer advocacy group is the Consumer Advocates for Smokefree Alternatives Association or CASAA. By joining their organization, you can get updates as well as information about ways in which you as a consumer can help out.

If you’re feeling extra passionate, you can support bill HR2058. This bill will allow for vaping products to not be forced to undergo retroactive approval or be treated as tobacco products. CASAA created a custom letter that you can send to your state representative that is available on their website.

These FDA regulations have the potential to alter the entire vaping community. If you’re concerned, take action today and stay informed.

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