On May 10, 2016, the FDA issued its long-awaited Deeming Regulation that reflects little advanced thinking about how to regulate the only ground-breaking technology that shows remarkable promise for reducing cigarette smoking. One thing is clear: the FDA basically ignored all industry comments, giving little consideration to the advances in vapor technology, the industry’s survival as a whole, or the broader objective of advancing public health.
Given that the law of the land already prohibits the sale of vapor products to youth and requires child resistant packaging, the FDA’s primary justifications for imposing the Deeming are fictions.
Instead, by targeting for extinction the overwhelming majority of companies that manufacture or supply vapor products, the FDA has demonstrated a certain callousness to the millions of adult consumers of cigarettes who have been relying on vapor products. And, by imposing an antiquated tobacco regulatory scheme on non-tobacco products, the FDA has demonstrated a lack of vision for how to regulate a revolutionary technology and the innovative companies that are driving that technology forward.
Locked in its antiquated mindset, the FDA now subjects vapor products to a regulatory bramble which will squander a decade of technological innovation and replace it with the burden of papering over untenable demands.
VTA is dedicated to assisting manufacturers, wholesalers and retailers with understanding the Deeming Regulation and the various state laws and regulations. To do so, we have drafted numerous guidance documents and presented various webinars available to all members of the industry.