The recently finalized and announced FDA regulations could very well hit ecig brands hard, especially those who sell eliquid. But first a short recap about these new FDA regulations. We’ve been waiting for the so-called deeming rule to be finalized for well over a year now, with it being pushed back at every turn. The question has always been how will the FDA see electronic cigarettes and what category would the place things like eliquid into. When the final ruling came down, it was a bombshell. The FDA has chosen to view electronic cigarettes in the same way they view tobacco products.
This is something we have been talking about since it happened. We’ve covered how there is a need for vapers to fight back. We’ve also written on the FDA targeting vaping unreasonably, and how smokers will ultimately pay the price. There has been a lot of talk and the fallout will likely continue in the near future. This is that big a story, and it affects the ecigarette industry in so many various ways. There will be waves upon waves of this, especially how it affects eliquid makers and any creator of ecig gear that isn’t the standard two-piece.
The reason for that is because these eliquid makers are going to be hit hardest at first. The new FDA regulations state that every single eliquid needs to go through FDA testing to be allowed for sale on the market. The estimated price on this process is steep – a cool $1 million. You may say that won’t deter eliquid makers who are successful, because this is just a small investment for such a growing business.
You might say that, until you hear that the FDA considers each flavor a different product. Or until you hear that the FDA considers each nicotine level of each flavor its own product too. At that point, you might understand why eliquid manufacturers are up in arms.
Eliquid Maker Nicopure Labs Fights Back
One eliquid maker has already had enough, and that would be Florida-based Nicopure Labs. The company officially filed a lawsuit late last week to challenge the FDA’s ruling.
As a producer of eliquid, Nicopure is behind the eight ball right now, if these new regulations stand and go into affect in early August.
They’re firing back at the FDA hard, and this is a case we should all watch closely because it will surely have ramifications for the entire industry. Nicopure is claiming the FDA violated the Administrative Procedure Act.
The Administrative Procedure Act basically sets the framework for how agencies of the United States government can create regulatations. Nicopure is also claiming the the new laws violate the first amendment. The general counsel for Nicpoure eliquid, a Patricia Kovacevic, officially filed the lawsuit against the FDA in the U.S. District Court for the District of Columbia. “The government’s role is not to regulate for the sake of regulation,” said Kovacevic about the filing. She continued on by insisting that “regulation must be based on sound science and robust procedure, and it must accomplish certain public health goals.”
We can agree that these regulations targeting ecigs and eliquid aren’t exactly based on the soundest of science. But this could all be part of the game too. We’re likely to see more complaints from eliquid vendors and maybe less from Big Tobacco-backed two-piece electronic cigarettes. What we need to do is get behind eliquid makers such as Nicopure. They, and every other ecig company, will need our help to sway congress into pushing back the grandfather date for electronic cigarette equipment. Make sure your voice is heard loud and clear by finding your congressman via this link and contacting them today.
There is still a lot to be decided and things could change in an instant. All it take is one vote in congress to set things right again. In the meantime, eliquid companies will bring pressure to bare wit lawsuits like the one Nicopure just filed. We’ll have to see how this all plays out, and as it does we’ll be here giving you all the latest news and analysis.