# A Glimpse into the Regulatory Future of Vaping



## Alex (27/3/15)

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*A Glimpse into the Regulatory Future of Vaping*
23 Mar 2015 — By Oliver Kershaw




*Eric Lindblom, senior scholar at the O’Neill Institute for National and Global Health Law, and former Senior Advisor to the FDA’s Center for Tobacco Products has published a lengthy report in the Food and Drug Law Journal entitled “Effectively Regulating E-Cigarettes and Their Advertising - and the First Amendment” (pdf download). This is an important document which gives great insight into the legal thought that will inform FDA’s actions going forward. *

Fundamentally, Lindblom supposes that the scientific questions as to safety, gateways, dual use, cessation efficacy and so forth do not need be resolved prior to the issuance of the regulation, since the law will allow the FDA to resolve these questions at its leisure once it is in place. 

At the very core of Mr Lindblom’s argument is the following logic chain: 

As a result of the tobacco act and the deeming regulation:
1. All e-cigarettes marketed after Feb 15th, 2007 are illegal unless they receive new tobacco product authorisation (most won’t, if any at all). 

2. Since all e-cigarettes currently available were developed after February 2007 , they will be illegal.

3. The FDA has significant enforcement discretion and stated in the deeming proposal that it would “consider revising its compliance policy should the Agency find that doing so is warranted, such as to better protect the public health”. This includes selective enforcement of the deeming regulation - allowing illegal products to remain on the market under certain circumstances. 

In other words, then, FDA will be able to regulate all aspects of e-cigarettes: their sale, composition and advertising - and the manufacturers and suppliers will have no recourse for complaint since their products, are at this point, illegal.

This is somewhat of a dismal future for those unable to gain new tobacco product authorisation (potentially everyone) - a future in which their products are subject to instantaneous removal from the marketplace at the whim of the FDA. 

The rest of the document consists of declarations as to what the FDA should insist on and, again, this is pretty dismal reading for most all vapers and those in the industry: 

Marketing: Lindblom more-or-less suggests a total prohibition on any, save for direct mails and emails to “pre-registered confirmed smokers”. 

Flavorings: While not specifically calling for their blanket ban, Lindblom arguably comes very close: firstly by suggesting that the FDA could “ban e-cigarette flavors that could attract youth—if doing that would discourage e-cigarette use among youth and non-smokers and not disproportionately reduce constructive e-cigarette use as an alternative to smoking.” (how on earth can they determine this?). Secondly, he states: “prohibit potentially harmful contaminants in the nicotine-containing liquids; and ban ingredients, other than nicotine or any other ingredients necessary to the operation of the e-cigarette, that might be harmful when converted from liquid to aerosol form and inhaled.” Well, what if flavors are only slightly harmful, but render e-cigarettes much more palatable to smokers? Remember that tobacco flavor in e-cigarettes is just that, an added flavor. 

General considerations: “Limit the voltage or temperatures that e-cigarettes can produce to turn their liquid into aerosol vapor, as there is evidence that high temperatures and voltages can expose users to higher, more harmful levels of formaldehyde than cigarettes, and viable lower voltages and temperatures produce no exposure” - So, bye bye mech mods and devices without temperature protection. 

Some reading this might think that the above are very good things. I would invite them to look at the FDA workshops and see whether they believe the FDA is taking its advice from dispassionate observers capable of steering e-cigarettes in the interests of public health, or whether we’re about to witness the utter destruction of a movement that is already saving lives.

Only Congress can change things now.

source: http://vaping.com/news/a-glimpse-into-the-regulatory-future-of-vaping

Reactions: Like 1 | Informative 6


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## Paulie (27/3/15)

@Alex thanks! this is not good

Reactions: Like 1 | Agree 2


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## Gizmo (27/3/15)

This is terrifying news.. I wish it was April fools..

Reactions: Like 1 | Agree 2


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## andro (27/3/15)

a thing that i dont understand is : fda is american correct? or get used everywhere in the world? if is usa that mean all american product will be affected or will be worldwide?

Reactions: Like 1


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## Marzuq (27/3/15)

this sucks big time! 
what can we do to appose this?

Reactions: Like 1 | Agree 1


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## zadiac (27/3/15)

This will just encourage people to start building their own mods and mixing their own juices. It's the procurement of nicotine that will be the problem.
Anyone with access to a 3D printer or project boxes can make their own unregulated box mods. Everything is available and legal. So nicotine will be the only thing that will be difficult to obtain.
I have access to a chemist that already said he'll get nicotine for me (even 100%) if I wanted. I have him on hold for now, but will def make use of him if necessary.
I'm not worried about this at all. I don't "stealth vape" anyways. If I can't vape in public, then I don't. I go for hours on end without vaping and basically only vape when I'm on open road in my car, or at home. When I'm busy at work, I go out to my car for a vape now and then and on night shift I can vape freely as there's very few people around and those that are, don't care what I do, smoke or vape.
VG is freely available in stores everywhere. PG is more difficult to get freely, but you don't really need it as you can dilute the VG with distilled water.
I don't see how this will affect me at all.

Reactions: Like 4 | Winner 1


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## Alex (27/3/15)

Marzuq said:


> this sucks big time!
> what can we do to appose this?



I doubt we can do anything at this point bro.


Message sent via tapatalk

Reactions: Agree 1


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## Marzuq (27/3/15)

Alex said:


> I doubt we can do anything at this point bro.
> 
> 
> Message sent via tapatalk



thats a major downer. 
wonder how many vapers will turn smoker again if and when these regulations kick in.
maybe we should start a poll and see


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## Dirge (27/3/15)

andro said:


> a thing that i dont understand is : fda is american correct? or get used everywhere in the world? if is usa that mean all american product will be affected or will be worldwide?



@Alex I'd like to know as well, unless our imports are coming from the USA(VG/PG/NIC/Flavour/Hardware), does this effect us? It probably inevitably will in the future, but if it gets banned in the USA today, will it affect me tomorrow, a month from now, 6 months from now, 5 years from now?

Reactions: Thanks 1


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## Alex (27/3/15)

@Dirge, check the link, sorry but I'm on my phone ATM 

http://www.reddit.com/r/electronic_...li5_what_is_really_going_on_with_the_new_fda/


Message sent via tapatalk

Reactions: Thanks 1


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## Dirge (27/3/15)

Alex said:


> @Dirge, check the link, sorry but I'm on my phone ATM
> 
> http://www.reddit.com/r/electronic_...li5_what_is_really_going_on_with_the_new_fda/
> 
> ...



Will take a look, no worries. Thanks.


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## johan (27/3/15)

Geez! seems there are going to be tighter vape control than gun control.

Reactions: Agree 2


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## Paulie (27/3/15)



Reactions: Thanks 1


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## Imthiaz Khan (27/3/15)

Bad news indeed


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## DemonicBunnee (27/3/15)

FDA = U.S. Food and Drug Administration






If we tell our government that vape gear is made in China we might even get a tax rebate for it...

Reactions: Like 1 | Funny 4


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## Dirge (27/3/15)

DemonicBunnee said:


> FDA = U.S. Food and Drug Administration
> 
> 
> 
> ...



I agree with this, apart from losing imported juice from the US, I don't see this affecting us hugely or at all. Bare in mind this is just my logical thinking and have no experience or knowledge about these sorts of matters or importing of e-cig related products, be it hardware or ingredients, at all.


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## KieranD (27/3/15)

I think some of the US guys need to relocate to Sunny SA...

Reactions: Winner 2


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## zadiac (27/3/15)

Dirge said:


> I agree with this, apart from losing imported juice from the US, I don't see this affecting us hugely or at all. Bare in mind this is just my logical thinking and have no experience or knowledge about these sorts of matters or importing of e-cig related products, be it hardware or ingredients, at all.



Just keep one thing in mind. It has happened with other laws. South Africa tends to copy the laws of other countries quite quickly. It might not be long for those laws to be passed here as well.


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## DemonicBunnee (27/3/15)

zadiac said:


> Just keep one thing in mind. It has happened with other laws. South Africa tends to copy the laws of other countries quite quickly. It might not be long for those laws to be passed here as well.



And they will police those laws in exactly the same manner as all the rest, if they can't fine you they won't bother...

Reactions: Agree 1


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## Silver (27/3/15)

Thanks for sharing @Alex

It is very concerning. 

What we can do is continue to vape and continue enjoying our newfound healthier lifestyle - with passion and vigour. And be vocal about its benefits. 

At least ECIGSSA, which we have all had a part in creating what it is today, will be a shining example of how much good vaping has done for so many of us here in SA.

Reactions: Like 2 | Agree 1 | Winner 2


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## Dirge (27/3/15)

zadiac said:


> Just keep one thing in mind. It has happened with other laws. South Africa tends to copy the laws of other countries quite quickly. It might not be long for those laws to be passed here as well.



Perhaps, my notion was based on us not adopting those laws. And hopefully we don't.


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## Paulie (27/3/15)

DemonicBunnee said:


> And they will police those laws in exactly the same manner as all the rest, if they can't fine you they won't bother...



Thats not the issue. The issue will be for Vendors\Suppliers who import goods/juice/flavours etc, which will not be allowed into the country or will be restricted to pharmaceutical/big tobacco.

Reactions: Agree 1


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## DemonicBunnee (27/3/15)

Paulie said:


> Thats not the issue. The issue will be for Vendors\Suppliers who import goods/juice/flavours etc, which will not be allowed into the country or will be restricted to pharmaceutical/big tobacco.



There are two sides to this, there is what will happen to vendors and what will happen to vapers. I feel we are all first and foremost vapers, and that include those of vapers who make their living of the industry.

Vendors might not make it, which does make me sad, but vapers will. The evolution of vaping was driven by vapers, not by companies. If you thought the ingenuity of vapers was amazing thus far, wait until they try to stop us.

Vaping might not be such an easy to access hobby any more, but it won't just go away because of government's caring more about their pockets than about their people...

Reactions: Like 1


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## Philip (27/3/15)

Its going to go underground in the US


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## Paulie (27/3/15)

DemonicBunnee said:


> There are two sides to this, there is what will happen to vendors and what will happen to vapers. I feel we are all first and foremost vapers, and that include those of vapers who make their living of the industry.
> 
> Vendors might not make it, which does make me sad, but vapers will. The evolution of vaping was driven by vapers, not by companies. If you thought the ingenuity of vapers was amazing thus far, wait until they try to stop us.
> 
> Vaping might not be such an easy to access hobby any more, but it won't just go away because of government's caring more about their pockets than about their people...




Yes people who currently vape will do so but getting people off stinkies will drop big time and that's the upsetting part also

Reactions: Like 1 | Agree 5


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## Waheed (29/3/15)

johan said:


> Geez! seems there are going to be tighter vape control than gun control.


Because clearly vaping kills more people than firearms! My concern is more than just as to vaping. If this goes through it will set a precedent for the ability of institutional control of people. What's next?


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## CloudSurfer (30/3/15)

If any thing at all vapers will move to underground activities think it's just a regulation so tobacco companies don't loose power in SA I think we are relatively safe as most people think our box mods resemble detonators 


Sent from my iPhone using Tapatalk

Reactions: Funny 1


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## Daniel (30/3/15)

As was stated in the one video , we need to make a stand , and be loud about it and also raise more awereness through things like Vape Con (radio ads , pole advertising , social media etc). The one thing that we must look at the past is , the worst thing you can do is take away peoples right to choose and make it a law .... 

Convert convert convert , the more smokers we can convert the more voices we have , I am on two and counting  

If the Vape Con organizers read this , I am willing to help in any way I can to raise awareness be it social media , putting up posters , standing at the robots to deal out flyers please shout. Not sure if the flyers have already been printed but maybe some facts about vaping on the reverse side would also assist with all the myths going around in the media ....

Reactions: Like 4


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