Draft law to save vaping gathers steam in Congress

Neil Mclaren News & Media 84 Comments

A new bill has been introduced in Congress which, if passed, will prevent the FDA from banning 99.9% vapor products next year. 

The cross-party draft law – known as the FDA Deeming Authority Clarification Act of 2017  – was tabled Thursday by Tom Cole (R-OK) and Sandford Bishop (D-GA) and is now gaining traction in Washington. If the bill passes it will move what is known as the “predicate date” for vapor products; all those that were on the market on 8 August 2016 would not now be subjected to a regulatory system so overbearing it amounts to a ban due to its cost and complexity.

“Vapor products offer a promising path for harm reduction for those seeking to quit or limit their smoking,” said Rep. Bishop. “This legislation would ensure the FDA’s regulatory process does not limit the availability of safer tobacco options for those seeking to make use of them.”

“While there is disagreement about whether certain tobacco products should be regulated or not, there should be agreement that new regulations should apply to products moving forward, and not retroactively,” added Rep. Cole. 

“Inconsistent authority like this will be detrimental and unfair to many manufacturers and businesses. This legislation preserves the FDA’s ability to regulate these products on par with cigarettes, grandfathers currently available products and then requires the FDA’s approval before any new product is introduced.”

The new bill does four things:

Save small and mid-size vapor businesses: The thousands of small and medium-sized firms and their tens of thousands of employees will be able to continue to trade. Almost all products on the market were sold after the original predicate date in 2007, so the nine years of innovation up to August 8th, 2016 will remain available to consumers.

Save lives: Vapor products have gained widespread consumer acceptance amongst smokers who have tried unsuccessfully over the years to quit. The Royal College of Physicians’ comprehensive review of the science concluded that e-cigarettes represent less than 5% the risk of tobacco cigarettes. 

Address the issue of product safety: The FDA Deeming Authority Clarification Act of 2017 requires the FDA to implement their rulemaking on product standards for batteries within 12 months. 

Protect Youth: The FDA Deeming Authority Clarification Act of 2017 will restrict youth marketing and youth access to vapor products. 

Give the federal government the ability to enforce the law: The FDA Deeming Authority Clarification Act of 2017 requires retailers to register their establishment unless the retailer already is required to register under a state law or federal law.

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  • Steve Miller

    Love this. Just wish Reps. Cole and Bishop could learn to not say “tobacco products” when referencing vapor products. Cole is from my home state and I will reach out to him on this again, while thanking him for moving to have the unconscionable FDA deeming date and regs tabled.

    • Alan Selk

      You are wasting time and energy by debating a petty issue as to if vaping can be considered a tobacco product. The great majority of the public perceives vaping as a form of tobacco use, and they are correct in that assumption. The active ingredient in vaping is extracted from tobacco so it is foolish, and a waste of time to make believe it is not a form of tobacco use.

      The real question is not if vaping is a form of tobacco use, but if it is dramatically less harmful then inhaling smoke (which it is).

      • Steve Miller

        “The real question is not if vaping is a form of tobacco use, but if it is dramatically less harmful then inhaling smoke (which it is).”

        No kidding, Sherlock, I mean Selk. As a former 2pk a day smoker of nearly 40 years, and a survivor of two heart attacks, two minor strokes, I am well aware of the less harmful effects of vaping.
        I actually only wasted about 30 seconds with my opininion/comment of the misuse of vaping as opposed to combusted tobacco. As I mentioned, the most important point is having the deeming date tabled as we continue to educate our lawmakers.

        Replying to your comments are actually a bigger waste of my time. So I bid you a good day and much pleasantries.

        • Alan Selk

          You are the one who wrote this

          “Just wish Reps. Cole and Bishop could learn to not say “tobacco products” when referencing vapor products.”

          The only problem with your logic is that for all intents and purposes, e-liquid is a tobacco product, and it has always been a fools errand to claim it is something else. So why do you want Cole and Bishop to stop referring to it that way.

          • Michael Wujcik

            If you are a dirt product, then ok!

          • Michael Wujcik

            “It is of concern to me that while the FDA has no
            explicit statutory authority from Congress to regulate non-tobacco products like
            e-cigarettes, the agency is still attempting to regulate them. In 2010, the FDA
            designated e-cigarettes as a tobacco product, even though e-cigarettes
            technically do not contain tobacco. Not surprisingly, in swift pushback, a
            federal circuit court ruled that the FDA lacked the authority to make such a
            classification and struck down the proposed regulations. But in April of 2014,
            the FDA was back at it and again tried to regulate electronic non-tobacco
            products by “deeming” them tobacco. In doing so, the agency was attempting to
            prohibit the sale of e-cigarettes without FDA approval.” This was the response I got from Congressman Murphy. Similar responses from Senators.

          • Alan Selk

            Pretty much everything you have been told is incorrect. In 2010 the FDA did not designated e-cigs as a tobacco product. What they did do is try to regulate them as an unapproved drug device, That was defeated in the courts by judge Leon (followed by three federal judges on the appeal). It was judge Leon who mentioned in his ruling that it was possible the FDA could regulate them as a tobacco product under the then new tobacco control act. That is of course exactly what the FDA has done.

            If you read the actual tobacco control act, it certainly does give the FDA authority to regulate e-cigarettes through its deeming authority. Of course what the FDA has done is not regulation. They have essentially banned e-cigs via regulation to everyone except the big tobacco companies, but that is another long story, It was congress who gave the FDA the authority to do what they are doing. The FDA has taken that authority to the limit, but it is a mistake to say what they are doing completely out of bounds with what congress told them to do.

            If you want to actually fight this thing, at least know what you are fighting,

          • Jerry Wayne

            There is corn in ethanol…..is it a fuel, or a vegetable ?

      • Alan T Hamilton

        Not all e-liquids contain nicotine! I have been vaaping for 1.5 years on 0% and still enjoy vaping, which I used to ‘stop smoking’.
        At present, we don’t have this problem in the U.K. although the debate is still ongoing.

      • Eric Newberry

        Not all eliquid has nicotine derived from tobacco. Most have it derived from eggplant and other common stuff that we eat every day. So if that’s the case other plants such as eggplant, and tomatoes should be tobacco products.

        • Alan Selk

          All of the nicotine, with the exception of the recent addition of synthetic nicotine, is extracted from tobacco. You are misinformed about eggplant.

          It should be noted that the reason other plants from the nightshade family are not considered a tobacco product is because of intended use. No one eats a tomato for the nicotine, but people certainly do use tobacco for nicotine. There isn’t enough nicotine in eggplants, tomatoes, etc, to be useful as a source of nicotine. It is a silly argument to claim that other nightshade plants should be regulated the same as tobacco, or that tobacco should be regulated the same as other nightshade plants.

          • Brian Coe

            So a battery is deemed tobacco because of which intended use ? Torch or Ecig ?

      • Steve Dapias

        Have you sir or one of your loved ones ever struggle to quit actual “tobacco?” Cigarettes?
        Have you seen any of your loved ones suffer from the many ailments and death that smoking cigarettes brings?
        Because I have, on both fronts!!
        I smoked 2.5 packs of Camels a day. A DAY!!
        I’ve seen my uncle in his death bed from lung cancer. I see my godfather every day carrying around an oxygen tank that he describes as a “Ball & Chain” which caused him to now not be able to work and support his family.
        I went from one day to the next with the help of a knowledgeable associate at a local vape shop from 2.5 packs of cancer sticks to 0! ZERO!!!!!
        Since then, 3 years and 8 months ago, have made it my mission to try and help atleast 1 person a year quit smoking thru vaping and I am glad to say that I’ve met my goal so far.
        6, six friends, family memebers and friends of friends that are now cigarette free because of vaping and a commitment I made to help someone as someone helped me.
        So not only you sir, but anyone and everyone. Congressmen, Senators, other politicians and people that can make a difference, open you eyes and your ears and look and listen to people out there that have had sucess and are grateful for this industry. This young vaping industry that has been bombarded by BIG TABACCO, Lobbyists and Politicians just trying to line their pockets.

      • Jerry Wayne

        If you make a medicine out of alfalfa roots….is it a vegetable ??
        Simple thinking will get you simple results…we cannot be a tobacco product.(period)

        • Alan Selk

          Look at it another, more rational way (rather then your rather bizarre example). If you extract the active ingredient from pot is it still pot. The answer is yes, in every way, meaning both legally and from a users perspective. If you think you can extract the active ingredient from pot as sell it good luck with that. Same goes for tobacco. Vaping is used in exactly the same way other tobacco product is used, as a recreational way of getting nicotine. The reason a great majority of the public perceives vaping as a form of tobacco use is because that is exactly what it is. That’s reality, and it is long past due for the vaping community to deal with it. Making believe vaping is not a form of tobacco use is a sure way to loose (which is what has been happening).

          The way to win is not to waste time arguing about if you are tobacco or not, but to argue the concepts of harm reduction. Another little clue for the clueless, the reason vaping is less harmful then smoking is not because it is not tobacco, but because there is no combustion. Smokeless tobacco has at least the same low risk as we hope vaping has.

          Perhaps the real question is what has got the vaping community so put off by tobacco. It appears the anti-tobacco zealots have so brain washed the vaping community that they are afraid of there own shadow.

          • Jerry Wayne

            Question #2 : Are nicotine patches considered a tobacco product ?
            If not….WHY not…same nicotine

          • Alan Selk

            As for question #1, the deeming has already happened so that ship has sailed. You may not want to be associated with the negative views on tobacco, but that ship has also sailed as the great majority of the public views vaping as a form of tobacco use. If you want to win this you have to deal with reality.

            As for question #2, It is a matter of intended use. Nicotine patches are not considered a tobacco product because they have gone through the clinical trials and are considered a quit smoking product. Vaping is classified as a recreational use of nicotine, which is why it is considered a tobacco product.

            That is why nicotine patches and gum are not considered a tobacco product. If someone wants to go through the clinical trials with a vape product and get FDA approval as a quit smoking product, have at it.

            If you actually want to continue this discussion I would suggest coming over to the CASAA Facebook page and starting a thread. You might be surprised to learn that not everyone lives inside the vaping world echo chamber so be prepared to be challenged.


          • Jerry Wayne

            That is why nicotine patches and gum are not considered a tobacco
            product. If someone wants to go through the clinical trials with a vape
            product and get FDA approval as a quit smoking product, have at it.


            Please read the total report, as there is a link to the s studies done already….its all about the money, and if you doubt it, its your right and prerogative, but this work is totally ignored here in the United States of Merica

          • Jerry Wayne

            Ive been an avid donor and newsletter reader of CASAA…several other Pro Vape , anti smoking groups.

          • Alan Selk

            CASAA is not an anti-smoking group, and I have no doubt they would very much have a problem with being portrayed as one. What they are is a pro-choice group that advocates for low risk tobacco products as an alternative to inhaling smoke, as in smokeless tobacco and vaping, and truthfully informing the public about the relative risk of different tobacco products. It is up to individuals what they want to do with that information.

            If someone is truthfully informed and continues to smoke cigarettes, that is there choice, and no one from CASAA or any harm reduction advocate is going to argue with that.

          • Jerry Wayne

            Im sorry, but if you think CASSA is NOT Pro vape, then i have wasted too many alphabet letters , just trying to get my point across….and yes, if people want to stick needles in their arms with drugs, in America, you can even get clean needles to do so…..the difference between TC and vapors, is we are polar opposites and on the side of a healthier choice, that has been fraught with BT dollars, and B Pharma , all in the love of money

          • Alan Selk

            Please point out where I said CASAA does not advocate for vaping.

            I have been involved with CASAA from the beginning. From the start they have been a group that advocates for the concepts of tobacco harm reduction. They certainly do support vaping, but It is not a vaping only advocacy group.

            You are not the polar opposite you claim to be. You are advocating for one choice, which happens to be your personal choice. Simply substitute NRT for vaping, and as far as I can tell, your ideas are the same as any of the anti-tobacco groups out there.

          • Jerry Wayne

            CASAA is 99 & 44/100ths PRO vape.
            IMHO, i am PRO freedom, but in the business that i am in, they are widely considered as a mainstay for vapor… Read a couple hundred of their written pieces, then make up your mind based on facts.
            I am not only advocating for one choice, i believe Snus has what it takes to stop people setting tobacco on fire, hell I’m even for the patch, as i have many customers tell me they have quit with the patch…but are trying vapor now,….. and even thee EVIL Chantix , (of which i enjoyed the dreams immensely all 3 times )

            I personally love smokers….or future customers as i see them.

          • Alan Selk

            As much as I respect the Collage of Royal Physicians, the statement below is in fact completely misleading and rather bizarre. Part of it could very well be that it comes out of the UK where they routinely confuse the terms cigarette free, with tobacco free. This is backed up by the same groups support of smokeless tobacco in their 2007 report on tobacco harm reduction

            “It shows that, for all the potential risks involved, harm reduction has huge potential to prevent death and disability from tobacco use, and to hasten our progress to a tobacco-free society.”

            Considering that a tobacco free society is pretty much a utopian fantasy, and they are well aware of that, I believe my above analysis is likely correct.

            If you really are in support of a tobacco-free society, I would suggest you might be more comfortable with a group like Tobacco Free Kids, or perhaps one of the alphabet soup groups. As I have said several times, it is getting hard to tell the difference between the tobacco control fanatics, and vaping enthusiast.

          • Ashley Doviak

            So your saying that Vaping is not a form of or a smoking Cessation product. My uncle chews that nicotine gum like it’s going out of style and has for years. So when does it become a recreational use of nicotine gum and not cessation , how long ,who decides etc etc. I see your argument but it is coming off very defeatist to me.

            Vaping has a couple of sides to it. Those who vape purely to not smoke and then you have the hobbyists who most likely started vaping as a form of cessation to begin with. You can’t argue you one is a cessation product and one is not one is recreation one is not. If you ask 90% of these “recreational” vapers why they vape I guarantee you that most first answer will be to not smoke. I think in most cases the recreation takes a back seat to that.

            These are just my opinions but it irked me to see some that has elevated themselves above the “echo chamber” just shoot down argument after argument and correcting everyone with there superior knowledge of vaping facts.

            At the end of the day vaping got me to quick smoking where so many other cessation tools had failed. Do I enjoy vaping? Yes yes I do. Does that make me a recreational vaper (lol I cant believe im parroting this shit) maybe but it’s also keeping me from picking up a cigarette.

            So where does that leave me ? Since you have it all figured out good sir I’ll let you decide.

          • Brian Coe

            You do talk a load of old bollocks don’t you ? very scary times if this is what vaping advocacy has come to, i think though you’re the minority that thinks this way, maybe a straight jacket might be fitting for you.

          • Shannon

            Yes because once something has been seen one way it can never be seen another. Tanning is healthy, eggs are the devil, the earth is flat…

          • Jerry Wayne

            Perhaps the real question is what has got the vaping community so put
            off by tobacco. It appears the anti-tobacco zealots have so brain washed
            the vaping community that they are afraid of there own shadow. It is
            getting very hard to tell the difference between vaping advocates and
            the tobacco control industry.

            WE need to replace the revenue to the world, and will be deemed to be tobacco, therefore, a sin tax is needed…i do not want to send the government more of my money….do you?

            Survivor instincts have kicked in, and we dont need to be deemed anything ,especially with the negativity of tobacco….

          • Shannon

            Actually it’s THC I’ve never heard it considered as anything else. THC comes from marijuana. That doesn’t make THC marijuana. That’s like saying sugar is beets or cane. It isn’t, it is made from those things. Bread isn’t flour either and flour isn’t wheat. It’s a crazy concept I know but not a new one.

      • Kevin Sl

        You’re missing the point of the “Tobacco Product” designation. The “Tobacco” designation means that Vaping, like cigarettes can not be advertised or marketed because of the ‘Tobacco Control Act’, which prohibits advertising of anything ‘designated’ as “Tobacco.” This is a very big deal! They call vape juice tobacco because it “may contain nicotine.” Based on that criteria, then tomatoes, egg-plant, cauliflower and a lot of other vegetables should be designated as tobacco because the all contain nicotine as well.

        • Alan Selk

          The idea that other plants have nicotine therefore why aren’t other plants regulated as tobacco has always been a silly argument. The other plants you mention have a tiny fraction of the nicotine contained in tobacco, and the liquid used in vaping. There is a overwhelming quantitive difference.

          • Shannon

            Except for that pesky no nicotine liquid that I use.

      • Brian Coe

        I think you’ll find you’ve just added to perpetuating misinformation and perceptions you speak of, vaping products DO NOT contain tobacco, nothing is combustible and there’s no smoke, no tar nor any of the diseases associated with smoking in Vaping products.

        Vaping products should never be regulated can as tobacco because the risks are nowhere near the same, they carry only 5% of the risk of smoking lit tobacco but could be considerably lower. Vaping needs to be regulated as a consumer product like they are going to be in NZ , the first country to do so.

        What you need to remember is if Tobacco is the regulation for square products and medicine is for round products, then vaping is triangle and won’t fit, needs its own slot to fit into.

        • Alan Selk

          You are confusing the word tobacco with cigarettes and freely interchanging them (which is of course perpetuating the myths and misinformation surrounding tobacco).

          I would hope you understand that smokeless tobacco has at least the same low risk as we hope vaping has. Smokeless tobacco is about 99% less harmful then cigarettes. Your claim that vaping has only 5% of the risk of tobacco is completely false.

          Tobacco is not the problem. The problem is how we regulate tobacco. We regulate low risk tobacco products (smokeless tobacco and vaping) the same as high risk (cigarettes). The core problem is not that vaping is considered tobacco, but how we regulate tobacco.

          The irony is that it is you who are perpetuating the misinformation that all tobacco has the same risk.

          • Brian Coe

            I mean very aware of the concept of tobacco harm reduction but if you had read what I said properly, you’ll see I was referring to combustible but for clarification purposes I am referring to lit combustible Tobacco.

            I still stand by my previous response.

          • Alan Selk

            Sorry I missed the word lit. As for the rest of it

            I am trying to grasp just what your argument is. Not an easy task. It appears to be: we are not really tobacco because we only use the main active ingredient from tobacco…… but not the whole leaf…. so please please be nice and don’t regulate us as tobacco…… or something like that.

            What the vaping community fails to grasp is that the question of if vaping is tobacco or not is already passed. It is no longer an issue (and really never was). State after state are now passing restrictions and taxes equal to that of cigarettes. The feds have deemed vaping a form of tobacco use. It is a war that is already lost. Even HR 1136 keeps the tobacco designation. Besides that the vast majority of the public believes it to be a form of tobacco use. It is only some people within the vaping community that are clinging on to the idea in a desperate attempt to avoid reality.

            Another argument used by the we are not tobacco folks is that nicotine is present in other plants so why aren’t tomatoes regulated as tobacco, while ignoring that there is a huge difference in the amount, and that huge difference makes all the difference in the world as to why vaping is considered by most to be a form to tobacco use.

            It is long past due for the vaping community to stop fighting a losing battle of we are not tobacco, and focus on how we regulate tobacco. That is where the real battle is, and always has been.

          • Rob Heyes

            The point is to challenge the assertion that nicotine is a tobacco product, which really shouldn’t be difficult given that FDA deeming regs also classify batteries, wire, cotton and software as tobacco products. Surely any politician can see just how insane those four are! Even nicotine-free e-liquid is a tobacco product! The FDA’s madness knows no bounds.

            It is crucial to the fight to distinguish between nicotine and tobacco or the war is completely lost.

            Others have mentioned that NRT isn’t a tobacco product, in spite of using nicotine derived from tobacco. There is no reason on earth that the self-same nicotine as used in e-liquid should be considered a tobacco product, whether it’s designated a medicinal product or not.

            The public may well believe that vaping is a form of tobacco use – that’s a matter of education.

            I would agree that it’s also important to distinguish between lit tobacco and other forms (Snus, HnB etc).

          • Alan Selk

            The reason NRT’s are not classified as a tobacco product is because they have gone through the clinical trials and are approved as a quit smoking product (it is classified as a drug, which would be a disaster for vaping). It is all about intended use. They may use the same nicotine as vaping but the intended use is entirely different. The intended use of vaping is the recreational use of nicotine. Legally the difference is night and day.

          • Brian Coe

            NRT products have to go through clinical trials to be approved, that doesn’t detract from your logic that having nicotine makes a product a tobacco product, you’re twisting the argument to suit your own weird agenda, vaping is also having to go through even worse trials to be approved a PMTA process for ” approval”, far worse than any NRT approved crap that doesn’t even work for ” quitting” shit, vaping was never against the law and still isn’t, regulation was only introduced to vaping to eliminate it’s existence, but that won’t happen, vaping is here to stay approved or not.

          • Shannon

            This response implies the only options are tobacco or drug. There’s no reason they can’t be classified as say…. a harm reduction product even if that is a new classification.

          • Brian Coe

            Thanks for your incite into how thinking that somehow vaping has tobacco in it !, Ha! , looks like you’re a very rare breed of anyone that thinks like that, that’s discounting those that have been brainwashed by BS media and the like or those with an agenda conflicts of interest and the like, but actually to come that conclusion because FDA deemed it so is actually quite scarY, am I to assume you once didn’t regard vaping products as tobacco until the FDA said so ?

            Going by your weird logic FDA approved nicotine gum and patches is a Tobacco product as well then?

            Also may I add you’re misinformed about H.R.1136 – aim is to remove the predicate date.

            I won’t be replying no more so fill your boots.

          • Alan Selk

            The reality is that most (essentially all) of what I have put forward is not at all rare, and in fact is pretty common among THR advocates outside of the echo chamber of the vaping community. Implying that I have been somehow brainwashed as the only logical explanation really shows how far down the rabbit hole some in the vaping community have gone. Earlier I mentioned that the CASAA Facebook page would be a better place for this discussion. You may find it a surprise, but everything I have said is not at all looked at as strange on that page (and many agree with it). It is probably one of the last bastions of critical thinking in the vaping world.

            It is unfortunate that advocates inside the vaping community are so caught in the echo chamber that anyone who challenges the reasoning is looked at as the enemy. It is a bad sign that critical thinking is losing.

          • Brian Coe

            So how many members in your echo chamber then ? plus don’t forget we have experts in ours in the scientific community, who have you got to support your daft theory that somehow nicotine used in vaping makes them a tobacco product ? Stanton Glantz ?oh marvellous.

          • Alan Selk

            If you actually want to continue this, come on over to the CASAA Facebook page as it would be a much better place to do it. I suspect you won’t because….. well….. people who rely on personal attacks normally can’t deal with the light of day.

          • Brian Coe

            Is this because you require troll enforcement or just nothing much else to say, given you can’t answer questions, but no whatever i said here i would state again and the last time I looked I wasn’t a parrot. Have yourself a lovely evening.

      • Brian Coe

        You’re perpetuating lies and misinformed, the active ingredient in vaping is not only nicotine, what about zero nic or flavourless zero nic ? the process in which to get nicotine from tobacco is a very long one and looks nothing like the product it started off as, so it’s a bit like saying everything is carbon because that’s what it started out as, nicotine is a different product to tobacco, tobacco on its own smoked in a cigarette would not be as satisfying or addictive with out combining nicotine to create an addictive product, but both nicotine and tobacco are separate products.

      • Shannon

        So then nicorette and nicotine patches are tobacco products then? Or do they contain only synthetic nicotine?

        If you extract caffeine from coffee beans and use it in a pill or an energy drink is it considered a coffee product? Or is it just understood to contain caffeine. I’m almost certain it’s the latter.

        You can use nicotine without using tobacco. To the best of my knowledge which is admittedly somewhat limited no longer being a tobacco user, you can’t use tobacco without using nicotine.

  • Jai Haze

    Its about damn time, been waiting a long time for this to roll out and be heard. Bi-Partisan bills always seem to roll out

  • Uwe

    Yeah, it’s funny that vaping equipment is a tobacco product. I vape 0 nicotine these days, so I wonder what my VG, Menthol in an electric vaping device has to do with tobacco…
    Well, the tobacco industry wants the regulation, so be prepared for a fight. They’re losing a lot of customers to vaping and they hate it. Wouldn’t surprise me if they invested a few million to turn that in their favor again, particularly with an administration so susceptible to money…

    • Niel Jo Evony

      I know, huh. Hillary wasn’t motivated by money at all.

      • Uwe

        They all are motivated by money. It makes absolutely no difference which party is in charge. Party affiliation makes no difference. The corporations don’t care either which one to pay to get their will. It’s a simple system: if you have enough money and hand it to the right people you win.

        • Niel Jo Evony

          I’d tend to agree. But then why label this administration as “so susceptible to money?”

    • Alan T Hamilton

      I thought that Philip Morriss had produced a different type of cigarette (heating tobacco instead of burning it) as an attempt to break into the alternative ‘smoking’ (i.e. vaping) market

      • Uwe

        Yes, they did. Plus they developed their own vaping devices – cartridge based, not tank based – so you have to keep buying stuff from them. The problem with all of those is that a simple Kanger setup (or any other device these days) works a thousand times better, costs less and is refillable. So the way of corporations like PM is to influence legislation to eliminate competition, at which point their inferior and more expensive (read: profitable) devices are all you can get.

  • Paul Muad’Dib

    Anyone who opposes vaping should be looked upon with the same contempt as a mass murderer.

    • teryn0069

      A bit over the top huh, Paul?? smh

      • Kyle McHattie

        Not really. If vaping is banned, millions will keep smoking, and die from it. I’d consider that murder, since they know they’re full of shit.

  • Mike Pasmore

    So we’re ONLY allowed the innovations up to August 2016? And this is good? Clearly the lobbying done by the industry has only entrenched and insulated the current industry players. This is what a terrible bill looks like. Doesn’t help consumers. No one has ever been harmed by vaping to the extent that tobacco harms nearly every single user. Unacceptable result.

    • Don

      It is far better than going back to 2007. Do you want to build your vapor device from a flashlight? I did not think so.

      • sbut01

        I started in 2009. Have seen the flashlight mods, crude box mods built with radio shak parts, even pipe fittings. even though I use a tank now, there is nothing like the flavor and throat hit of dripping on a 510 atomizer

  • Matt Chambers

    Try going out robbing people and slowly poisoning them. You would get A life sentence or even Death row over in the U.S, yet big tobacco and government, FDA, the EU etc all keep wanting to peddle death while taxing the Hell out of everything that people breath into their lungs and blow out again, next there will be a fresh air tax, after all it possibley contains more nicotine than a bottle of zero MG eliquid.

    • Alan T Hamilton

      Not a ‘fresh air’ tax. How about a simple tax on breathing – charged on every breath? Gets smokers vapers and everybody else (why shouldn’t they pay as well)

  • Rennie Hayes

    I smoked for 42 yrs. I tried the patches several times in an effort to quit smoking, I didn’t quit smoking on either attempt. So I started vaping and cut back on the cigarettes. After vaping for awhile, I was able to quit cigarettes completely. A month from today I will be cigarette free for 1 yr. I feel better, have no cough, & my dr tells me my lungs sound better. PLEASE SAVE THE VAPING INDUSTRY. I HAD A FRIEND WHO HAD A SHOP IN PRINCETON WV, and she had to close her shop & move to VA & open a shop there was n order to avoid all the taxes they imposed on the small vape businesses. SAVE THE VAPE INDUSTRY.

  • boxer30

    I’m praying this law passes. I know that the tobacco industry is actually getting on board with vaping especially Phillip Morris due to the introduction of the IQO device, however, it has ALWAYS been the pharmaceutical companies that are our worst enemy. Thone companies have the financial and political backing. As I stated above, I’ll keep praying.

    • Jerry Wayne

      This might seem to be good for the vapor industry, but tat like saying, “I am glad Hitler is on board with us, now we have got them >>>>>

      • boxer30

        I can see your point, well taken but I just want to be able to keep my vaping rights. Many people are ignorant that the fight is predominantly tobacco but it is actually the pharmaceutical. If the tobacco industry hops on board I’m 100% for it. So your saying that it would not help us if the tobacco industry reverts to vaping products? People and companies can change their minds and their product to better peoples health I’m all for it! Don’t you agree?

        • Jerry Wayne

          Tobacco has lost their fight, and vapor doesn’t want to partner up with the devil.
          I wish to sell Phil Morris my business. Said as much a long time ago.

          • boxer30

            As I stated, I can see your point, however, I myself was once a cigarette smoker and I don’t consider myself a bad person. I am the one who made the bad choice when I was a teenager to be cool and pick up a cigarette! However, after quitting several times cold turkey, one time even 5 years, I still went back. Finally, 6 years ago some guy introduced me to an Ego battery and a horrible tank, however, I was determined and i quit! I’m not saying the tobacco industry is not at fault for millions of people smoking but it is what it is! My whole point is that we need as many people on our side to win this battle! If the tobacco industry wants to switch to vaping products for a healthier society, have had it! I’m surely not going to oppose it! I’m going to welcome it, for so many words, to be very selfish, to increase the probability for me to continue vaping!

  • Jason Bruckner

    “Address the issue of product safety: The FDA Deeming Authority Clarification Act of 2017 requires the FDA to implement their rulemaking on product standards for batteries within 12 months. ”

    Sounds like the FDA could limit batteries to e-cig type vaping devices only?

  • Andy Vaper

    Vaping is not a cult, it’s a therapy and as we all know, the most effective therapy to get off the cancer sticks. Praying on behalf of the global vaping community and on behalf of the Indian vaping community that this gets an approval.

  • teryn0069

    Does not sound like the kind of company I would work for…..if they are so anal about nicotine, what will they condemn you for next??

  • roblimo

    I’m another 40-year smoker who now vapes using juice with little or no nicotine. And no PG, either. I’ll contact my rep, but he really only cares about cutting taxes on the richiest richies and making life as hard as possible for working people and probably doesn’t care about vaping at all.

  • jaxx

    Well, ain’t that bullshit! Kind of like when they implemented the random UAs in the early 90’s. Good employees with years of good service were fired cause they smoked a little weed after work. The tests never really amounted to much since all it caught was potheads. Then you had folks who had to stop smoking & turned to drs. & pharmaceuticals to deal with what the pot controlled. Then the employer couldn’t do shit cause it was legal. But, bunch of people addicted to prescription meds. This “war on drugs ” was stupid & lost back when Nixon came up with it.

    • Adarious

      Yeah and now we have Mr Sessions in office as AG….one of the big supporters of that war back in the 80s.

  • Alan T Hamilton

    U.K. insurers have the same rule – any ‘tobacco products’ classifies you as a ‘smoker’ and increases the premiums. However 0% means that you can state you don’t use the products. Good luck in the reduction and hope you get the job.

  • Laura Miller

    I’m so happy about this. As a smoker of 12 years I was finally able to quit completely as a result of vaping.

  • Glenn Martin

    After 35 years of smoking and numerous attempts at quiting I finally did it with the use of E-Cigs.
    I tried all the other worthless stuff on the market like obamacare that promised their product would
    work but didn’t. The tobacco industry wants the regulation because they are losing money!

  • Pam Krischtschun

    That is great news! We need more representatives on our side and not believing all the negative talk about vaping. The FDA needs to do their research on this and get their facts straight.

    Vaping is almost 100% healthier than smoking and is helping people all over the world quit smoking cigarettes.

    I see no difference between vaping and using the other nicotine products for quitting smoking. My brother quit smoking 27 years ago using nicorette gum and to this day still chews it.

    Even Yale University is doing studies on using electronic cigarettes as a device for quitting smoking.

    That’s my 2 cents on the subject.

    • Clayton

      Can you reference a web link about the studies that Yale is doing?

  • DarkMonk

    Nicotine is no different than Caffeine. Both stimulants. Except Caffeine is a drug taken by 90% of the populace and “normalized”. We take in Nicotine in a vapor delivery system, and they take in Caffeine in a liquid delivery system. But they are basically the same.

  • Clayton

    My wife works at a hospital with similar rules. Perhaps, they think that the primary way to get nicotine into your system is through tobacco cigarettes, which is harmful to health due to the other products in the combustion process. If they would take the time to know nicotine, they might change the ruling. However, I don’t know of a way to rule out combustible tobacco without cutting out all forms of getting nicotine.

  • Brian Coe

    Vaping . Com

    Just to point out that in NZ there is no legislation for public indoor bans for vaping nor is there in the the new proposed consumer regulations on vaping, please read the Regulation Impact Assessment it’s all in there, do your research before publishing misinformation, vaping already has enough of that going on.

  • James Arias

    I just can’t understand the persecution of vaping. It´s an unknown field for many. The very use of “tobacco products” when referencing vapor products is crazy. In Germany is almost the same. Thanks a lot guys for your work. I´m going to use some informations for my german blog https://www.e-shisha-kaufen.de 😉