Published on December 10th, 2016 | by Jason Reed
Help the Vaping Industry Fight Back Agaisnt the FDA
The FDA’s new regulations on the vaping industry didn’t come as a shock to many, but the harshness and cost of them certainly may have. From the multimillion-dollar costs of testing each device or e-liquid to the all-inclusive “ENDS” law for any device that could deliver nicotine, the FDA’s rules certainly laid a blanket of fear over the vaping industry. That’s why it’s critical that everyone from hobbyist vapers to industry leaders fight for their rights to vape freely.
Of course, the most critical group that must fight for vaping rights is that of the vape shops. Many vape shops will be the most critically affected by the FDA rules. The FDA laws state that any vape shop that prepares any liquids that contain any nicotine at all must meet all the requirements that the FDA has already set out for tobacco manufacturers. The same goes for any company that creates or modifies any devices at all. If you can infer anything from these laws, this means that basically every single vape shop in existence must follow the legal requirements. Any shop that helps vapers modify their devices is considered a nicotine-delivering system, whether or not the users actually use devices for vaping with nicotine-containing e-liquid. Vape shops need to push back for their rights, as the FDA’s laws dealt with the issue in a very heavy-handed manner. If vape shop owners can legally defend for certain cases, it could set a precedent to ease up on the rules. In fact, many vape shop owners are gearing up to do exactly that as they’re lawyering up and preparing to take a stand.
Vape shops are not the only vaping group that needs to fight for their vaping rights. Casual vapers and longtime hobbyists need to stand up and fight against these stringent laws. The regulations are very strict on the amount of testing and confirmation e-liquid must go through before approval by the administration. This testing process can cost millions of dollars. The huge amount of money necessary to get a unique flavor of e-liquid approved is a huge expenditure for most vaping companies, and many businesses offer a huge variety of e-liquid flavors and types. These companies simply do not have the funds available to get all of the flavors tested for FDA approval, so it is likely that the variety of e-liquids from each company will shrink in 2018 when the laws come into effect. These regulations will, of course, hurt the creators, but will hurt the casual vapers just as much.
I actually managed to talk with two shop owners(Daniel and Nick) for an article I did for Lifehack. Nick aka Grimm Green, is not only a vaping advocate but also has his own line of juice(Namber Juice) was basically saying how ludicrous it is and how it will cost him millions if he wishes to stay in business.
“What the FDA is requiring us to do is absurd in the most true sense of the word.” – Grimm Green
Daniel, who is also a small business owner stated how he has over a hundred different types of e-juice, and how it will simply not be possible to afford the 2-3 million dollars per product to submit an application. He will either have to close up shop or revert to reselling only e-liquid from other companies that can afford the application process. He also alluded to the fact that all the FDA is doing is empowering “big tobacco”.
“This will literally destroy 95% of the companies on the market that produce their own e-juice or electronic cigarette products and only further empower big pharmaceutical companies and big tobacco.” – Daniel
How can I be affected?
Imagine that you run out of your favorite e-liquid sometime in the late summer or early fall of 2018. You go online and try to find it, but it’s nowhere to be found. Why? It will be because it was simply too expensive to fund the testing of that one specific e-liquid. Because you, the casual vaper, did not fight back against these laws, your favorite flavor is gone forever. The above scenario is just one example of many things that could happen. Also, consider this scenario you need a part for your MOD. The part could be embargoed and never become purchasable due to the regulations. As a casual vaper, it should be your duty to support your vaping rights. Each of these cases could be heard to help the FDA truly understand what is at stake for the common citizen.
What can I do?
Vaping is at a critical juncture with the passing of the administration’s laws. Now’s the time that all vapers need to think critically and push for their vaping rights to be heard. Don’t let the vaping industry die, and figure out how you can help the community stay resilient against these regulations.