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Vaping industry challenges FDA to bring it on!
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Mark Benson Offline
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Vaping industry challenges FDA to bring it on!
Concern has been growing about the long-term future of the US vaping industry amid concerns that the FDA (Food and Drug Administration) has advised the Obama government to introduce retrospective rules and tighter regulation going forward. In what some are claiming to be a leak of the final FDA recommendation to the White House, slowly but surely the details of the proposals are making their way into the public domain. So, will the vaping industry sit back and wait until the final verdict is delivered or are we on the verge of a long running legal battle?

The FDA has history with vaping

Before we even look at the potential implications of the FDA recommendation to the Obama government it is worth noting that the FDA already has history with the vaping industry. Indeed since the turn-of-the-century the administration has attempted to effectively ban electronic cigarettes out right only to have this move overturned in the courts. This was obviously an embarrassment for the respected regulator and many believe those within the FDA have harboured a grudge for many years.

Retrospective regulation

There is major concern regarding an element of the recommendations which would mean products that went on sale to the public after 15 February 2007 would need to apply for retrospective approval. This would cover thousands of individual products which have made their way into the vaping industry as the sector goes from strength to strength. So, while the regulators and governments around the world have been relatively slow to act, all of a sudden they are looking retrospectively back to 2007. How will that work?

There are many estimates as to the cost of this retrospective approval with suggestions that testing alone could run into the tens of thousands of dollars. Indeed, with a suggestion that each and every variation of a base product would need approval there is growing concern this could significantly hit expected short, medium and long-term growth. However, perhaps the largest concern regards the influence of the tobacco industry!

Is this the FDA’s master plan?

Many believe that the FDA has been lobbying behind the scenes to bring electronic cigarettes and vaping devices under its control and under the same umbrella as tobacco products. Despite the fact that many medical professionals have come forward to suggest there are significant differences between tobacco cigarettes and vaping products, it looks as though the FDA believes it knows best. They say that revenge is a dish best served cold and it looks as though the FDA has left it many years later to try and avenge the embarrassing legal debacle of years gone by.


There are serious concerns that the proposals from the FDA would at best significantly stunt short to medium term growth in the vaping industry and at worst decimate the sector. Many believe that if this move is approved, and it is by no means certain yet, the tobacco giants with their enormous war chests would effectively take over the vaping industry.

So, the authorities attacked tobacco products with smoking bans and now they seem to be on the verge of handing back the balance of power to the tobacco giants? What sense does that make?

For more information on OK Electronic Cigarettes and the various products available please visit the OKCigs website.
05-11-2015 04:26 PM
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