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FDA Ecig Regulation: Can the FDA Make Up Its Mind?

By Tyler McCanus

Monday June 8, 2015
when will fda ecig regulation actually happen

You may have read here about FDA ecig regulation on the way and what it might do to eliquid sales or to ecigarette brands in general. The topic of what the Food and Drug Administration is planning to do has become hotter than ever, and it keeps trending in that direction. All of this speculation as to what the FDA can, should, or will do is absolutely tiring. While it does give ecig backers the room to lobby the FDA for a fair ruling, it also leaves the same door open for opponents of ecigarettes. In the end, the government agency is going to have to come to a decision. So why can’t the FDA just make up its mind?

Before attempting to answer that question we have to point out that almost daily we see reports of FDA ecig regulation on the way, or not on the way. Some say we are just about there, and others say the FDA is as slow as molasses so it isn’t coming soon. Ecigarette brands are bracing for the new rules to come down, with most hoping it doesn’t affect their eliquid business or the freedom of their cusomers to vape. That remains to be seen, but in the meantime the FDA has left us waiting and wondering. It’s driven us a little crazy in trying to understand where the push to regulate is going to take us and when.

It has also left us with a bit of egg on our face, as we recently published this article about FDA ecig regulation perhaps being only weeks away. That definitely seemed to be the case at the time, but then we read things like this report in The Hill which comes with the headline: “FDA has summer to finalize tobacco deeming regs, Senate Dem says.” If the new deeming rule for ecigarettes is just around the corner, why are US Senators putting their foot down for this to be finalized by the end of summer? Unless we’re missing something, summer is only just beginning!

FDA ecig regulation finally coming this summer?

FDA ecig regulations will finally sort out the tempestuous relationship between the FDA and vapersOne particular US Senator seems to be leading the charge, and that would be Richard Blumenthal from Connecticut.

Blumenthal explained that he has “met with the appropriate officials at the administration” and is “pushing them hard to protect the public.”

The Senator plans to introduce legislation if FDA ecig regulation aren’t put into place to restrict ecigarette brands. If he has a better suggestion to help save smoker’s lives, he’s certainly not sharing it at this time.

“People smoke; they continue to smoke even in the face of the self-destructive, disastrous effects of smoking because they’re addicted,” Blumenthal said. “The overwhelming majority of smokers try to quit, and they can’t,” he concluded. Well, we can’t argue with him there, but the problem is that he apparently isn’t seeing ecigs for the solution that they can offer.

Which gets us back to the FDA ecig regulation and why it is taking so long to regulate eliquid and everything else associated with ecigarettes. They have the data already, albeit there will be mountains more to come as millions of dollars are poured into research. Yet the painstakingly slow movement on this has us wondering what kind of lobbying is going on behind the scenes. We know that RJ Reynolds and the rest of Big Tobacco is hoping that open systems that allows consumers to refill eliquid will be outright banned. We can’t see this happening, but is the FDA coming up with some kind of compromise?

The longer this issue hangs in the air, the more doubt people on all sides of the argument will have. Those in the ecig community will fret over the idea of our rights being restricted, while opponents of the movement will worry for their own (if misguided) reasoning. In the middle of this storm is the FDA, and it has the power to come down and finally set things straight. To finally bring ecigarettes into the mainstream and out of that gray area. It is bound to happen and we really are on the cusp of that monumental decision of FDA ecig regulation and what they will actually do. We just don’t know if that is weeks away or months away, but we’ll keep watching and waiting. Just like the rest of the ecig industry will do. And we’ll hope for the best.





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