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The day the vape stood still

The day the vape stood still

About the author
Oliver Kershaw

Oliver Kershaw

Founder of e-cigarette-forum.com and co-founder of vaping.com

This is it. August 8th. The end of the golden age of vaping. From today, what you see is all you get. No more innovation, no new products. Vape is fossilized.

Since I set E-Cigarette-Forum up in 2007, vaping has become a global phenomenon, releasing many from the grip smoking. Sadly, vaping has also become the subject of moral panic. The dominant narrative has become: “vaping is an evil plot to hook teenagers on nicotine”.

Most troublingly, smokers are not taken seriously. They are viewed as carriers of disease and excluded from the debate over their own health.

America is about to become more draconian than Europe in its treatment of vaping products.

But there are reasons to be cheerful. These regulations could have come out two years ago when they were first proposed. Instead, the intervening years have seen vast improvements in products available to vapers, and many of these products will be available for the next two years at least.

Maybe more importantly, though, is the huge social change that has occurred among smokers. Now, we have an educated population of vapers (and smokers) who understand that it’s not nicotine that kills.

Don’t underestimate the value of this. In just 9 short years, a huge change has occurred: one that can empower smokers as they seek new ways of consuming nicotine.

That said, it’s likely many good companies will fall by the wayside over the next couple of years – the victims of badly designed regulation.

If Congress or the Court system does not intervene over the next two years, here’s what happens:

No new products may be introduced to the market after today unless they are approved by the FDA. This includes stores mixing liquids in-house for customers’ personal taste preferences.

Shops must ID anyone who appears under 27 and, most irritatingly, may not assist with anything that could be construed as modifying a product. This means that while they may be able to offer advice and guidance for coil builds and so forth, staff can’t actually do anything for the customer.

It’s going to be tough for shop staff over the next few weeks as they explain to their customers that they cannot help them in the way they used to. Hopefully, vapers will realise that this is something totally beyond the control of shop staff.

By December 31, anyone who imports vaping products, who makes eliquid domestically or who brings products to market in the United States needs to register as a tobacco manufacturer.

The first big crunch comes in February next year, when domestic manufacturers must list their products and all constituents with the FDA. For liquid manufacturers, this could be a problem. The industry uses multiple “flavoring houses” for their products, and some of these businesses may simply refuse to disclose the ingredients to their clients. There is a system for maintaining the trade secrets flavor makers are trying to protect and many of the flavor houses have promised to go down this route.

Even so, it’s completely unknown how many, and therefore how many eliquid brands will be unable to comply. Non-compliance will mean no more sale.

Those who get past February have around 18 months then to file a PMTA. If no PMTA is filed, then products will have to come off the market on 8/8/2018. I fully expect a few forward thinking companies to attempt this. Many are personally known to me, and are already setting aside the resources. But the vast majority will simply say: “no, can’t do it” and shut up shop.

It doesn’t need to be like this. An amendment to the Agricultural Appropriations bill, sponsored by House Representatives Tom Cole and Sanford Bishop, could move the predicate date and mean that everything sold up to today will remain available. You can help by taking part in the #wearevapor campaign and tweeting your Congressional representatives.

Our team has been in this industry for a decade, and we’ve seen it evolve into what it is today. We don’t want to give it up without a fight.

  • Jason Pyktel

    Yet people don't even read this showing even the slightest bit of worry. Well it will be a field day when reality sets in and It happens

  • http://bytesize.media Bytesize Media

    It is unfortunate that the State needs to manage everyone's personal dealings through their mega-monopoly known as the FDA. In every regard, we are all capable of running ourselves rather than requiring government to manage all aspects of our lives, but sadly, we no longer have the freedom of self-ownership.

    #AbolishTheFed

    http://thefreedomline.com/

  • charitablehumans

    America hasn't been a functioning Democracy in decades, it's a façade hiding the dark soul of a repressive, power hungry beast feeding off the last morsels of freedom and liberties left. America has distracted us with endless wars and not-really wars, like the war on drugs, the war on terrorism, the evolution of the same tactics used during prohibition. For all the talk of freedom, liberties, justice and principles of democracy our politicians love to ramble on about, the face is none of those things are anywhere to be found.

    Politicians don't represent us, hell I don't think they even know us mere citizens exists until it's time for an election. Politicians and the giant corporate behemoths own us.

  • Andrew Snape

    “vaping is an evil plot to hook teenagers on nicotine”

    I agree that it is NOT an evil plot. That's completely wrong.

    However I could see this happening. Some, if not most kids will see vaporizers as a gadget and a cool one too. It's a shame that it's a fact but some kids will try vaporizers for sure and get addicted to nicotine if they use liquids with nicotine in. The government should not restrict development of vaporizers but instead educate. Nicotine addiction is not good and vaping can be pretty expensive too.

    I started vaping two years ago. Up until a month ago I was only smoking 1 roll up every 3 or 4 days.
    Now I have quit tobacco completely and can say that I actually prefer vaping. I'm now on my mission to lower the nicotine level over the next few months and move on to nicotine free liquids.

    I'm from the UK and hope that your government use commonsense and logic and allow further development.

    Best wishes.

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