Since the inception of the electronic cigarette there have been non-smoking organizations trying to have the product banned. From what we see so far the proposed regulations are for the most part common sense and a huge majority of the people working in the industry are already in compliance. With that said, there are many however, who question will these newly proposed regulations preserve or destroy the e-cigarette industry? What is ambiguous right now, and has many in the industry on ' pins and needles,' will the FDA irrationally decide to treat e-cigs or vaporizers as a menace to public health or recognize them as a lifesaving alternative to conventional cigarettes.
One thing is for certain, the newly proposed regulations are far less harsh than the 2009 attempt to ban the product altogether. That overreach was blocked by the courts. However, this time around the FDA is classifying e-cigarettes as a tobacco product. Many have expressed dismay at this as being fiction because the e-liquid that is vaped in these devices do not contain any tobacco. In fact, however, they do contain nicotine derived from tobacco plants. Which is thecourt endorsed legal pretext for FDA regulation.
There have been some encouraging aspects to come out since these new proposals were submitted by the FDA back in April. On the clinical side scientist have issued surprisingly supportive statements on e-cigarettes. On the political front, just last month the White House soften the proposed FDA regulations. The FDA itself extended the comment period. Lastly, smokers are saving money by switching to refillable vaporizers.
The fact is, by regulating e-cigs as a tobacco product , should be a positive as well. Why? The FDA is not trying to ban conventional cigarettes, which are far more harmful than e-cigarettes. But, just like any political action nowadays there is a catch. All the familiar brands of conventional cigarettes were grandfathered by the Family Smoking Prevention and Tobacco Control Act, the 2009 law that gave the FDA authority over tobacco products.
According to the FDA, so were e-cigarettes, as long as they were on the market as of February 15, 2007—the cutoff date set by the statute. Since the e-cigarette business was just getting startedin the United States at that point, this grandfather clause does not cover much. [Source: Forbes]
E-cigarette and e-liquid manufactures that did not exist before 2007 can get approval to continue selling their products by showing they are equal to or better than the products grandfathered.
To win approval of an e-cigarette as a “new tobacco product,” a company has to persuade the FDA that “permitting such tobacco product to be marketed would be appropriate for the protection of the public health.”
In closing, here is the bottom-line facts regarding this very important issue for those related to the e-cigarette industry and the vaping community at large. It could be two- years or more before the true intentions of the FDA are known to the public. Once, these regulations are finalized, e-cigarette manufacturers will have two-years to submit their products for approval. How long it will take the FDA to do whatever it does to conclude those test is truly unknown. When you factor in litigation that is sure to challenge portions of the proposed rules there is no fiction at all these challenges will delay the process even-more. During these delays the FDA has already stated companies can continue to market their products. All this can really be summed up in a phrase, "Common Sense Regulations Yes, Over The Top Ones, No!