Following up on our post from last Thursday, the Food and Drug Administration (FDA) has announced that it will not meet its midnight deadline to submit proposed tobacco regulations.  The FDA will also miss deadlines to publish a consumer-friendly list of dangerous chemicals found in electronic cigarettes (e-cigarettes or e-cigs) and testing / reporting requirements for tobacco ingredients and additives.  Unfortunately, the FDA is not required to abide by the deadlines that it sets for itself, nor is it assessed any penalty for missing such deadlines.

Current E-Cig Regulations

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Notwithstanding the foregoing, based on this morning’s press release, the proposed regulations, which will likely target the e-cig industry, are near completion and can be expected for public comment and scrutiny in the near future.

To recap another recent post, the following statements from the FDA’s website provide us with insight as to the FDA’s opinion regarding the highly unregulated e-cigarette industry:

  • As the safety and efficacy of e-cigs have not been fully studied, consumers of e-cigarette products currently have no way of knowing whether e-cigarettes are safe for their intended use, how much nicotine or other potentially harmful chemicals are being inhaled during use, or if there are any benefits associated with using these products.
  • Currently, e-cigarettes that are marketed for therapeutic purposes are regulated by the FDA Center for Drug Evaluation and Research (CDER).  The FDA Center for Tobacco Products (CTP) . . . intends to regulate other nicotine-containing products, including electronic cigarette products that do not make a therapeutic claim, in the future.

FDA E-Cigarette Regulations Are Imminent

The fact that the proposed e-cigarette regulations were not handed down today should not be interpreted as the FDA backing down from regulating the industry, as it did in 2010.  Given the growth of the e-cigarette consumer base and the amount of pressure the FDA is receiving from state legislatures demanding regulation, e-cigarette regulations are imminent and those engaged in the industry should prepare for dramatic changes in the way they conduct their operations.

The development of the FDA’s new e-cigarette regulations should be of interest to anyone involved in the e-cigarette industry and those interested in online or digital marketing in general.

If you are interested in learning more about this topic or pursuing a venture in this area, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.

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  • Nelly Clark

    I am living proof that e-cigs work, and could even be called a life saver for people like me.

  • Murray_B

    The common use of the term “e cigarette” is unfortunate because the devices emit no smoke nor do they use tobacco in any form. Nicotine is not tobacco and can be found in other plants like tomatoes and eggplant. An “e cigarette” is a vaporizer that has more in common with an aroma therapy nebulizer than a cigarette.

  • charlie

    I’m accumulating the knowledge and materials I’ll need to have vaping self sufficiency. 10 years appears to be a realistic number. It won’t cost very much. This is all so sad. I need to take care of me and a brother of mine who vapes. My neice needs her dad for as many years as possible. Letting government become drug dealers was a really really bad idea.

  • Imagetek

    I am 42 years old, and started smoking at 12. “peer pressure” I have successfully quit two weeks ago using a kangertech subvod, and it has already paid for itself two times over. Smoking for thirty years scares the crap out of me, two thirds of my life! Now I can get on with a healthy life, and eventual start doing the things I have been putting off because my health sucked. Now the government wants to take control? I don’t think so, if they do, the juice will be over regulated and taxed and it will be just as expensive to vape as it would be to smoke. I can vape for over a month for $20, the cost of four packs of real cigs. I sense tobacco lobbyist’s behind the scenes, they lost control and have no control over this industry. If it gets over regulated then people may go back to regular cigs, and I know this is what big tobacco wants. To hell with them! I could own a house with what I have given to big tobacco!

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