FDA Implements E-Cig Regulations

What does this mean for the industry?

The FDA recently implemented a set of Deeming Regulations regarding the e-cigarette industry. These regulations have worried many people throughout the vaping industry, primarily on the production side, because they serve to limit our ability to innovate and drive the industry forward. Many have taken up staunch positions on both sides of the issue, some stating that the positives outweigh the negatives while others believe the regulations are more stringent than they had hoped. Unfortunately these rulings place limitations on the production side of things, but there are also some positives that came from this as well.

Ok, the bad news first:

The FDA's substantial equivalent provision demands that all products eventually be submitted for FDA approval. Yet this provision fails to provide any clear and definitive guidance to do so, and many have deemed this process 'cumbersome, expensive, and time consuming.' From the perspective of product development and production this approval process seems to do three things immediately.

1. It limits the ability of the industry to innovate and provide improved products to end-user consumers. Constant innovation is a primary reason vaping and e-cigarettes have flourished and these regulations serve to slow this process of development. Companies must now factor the cost of this FDA approval process when considering product development.
2. Smaller companies will have limited access to resources for product development which is an open invitation for big tobacco companies to develop and distribute their own renditions of e-cigarettes and other tobacco alternatives.
3. To cover the cost of these new regulations production costs may rise, effectively raising the cost of products at a consumer level.

Space Jam Juice and E-Gains have taken measures to ensure that we abide by these regulations while they are in place, allowing us to continue providing our retailers and fans with deliciously superior, FDA compliant products.

So what's the good news?

Along with these regulations on production there were also some stipulations that directly effect consumers in a more positive light:

1. Anyone under the age of 18 is banned from purchasing e-cigarette products. We believe this initiative is common sense, and should be supported throughout the industry.
2. There is no ban on internet sales to adult consumers.
3. There is no ban limiting the production of flavors.
4. Marketing on e-cigarettes and affiliated products has not been regulated.
5. Retailers do not have to remove anything from their shelves or alter their displays. However it is advisable, in the interest of industry integrity, to ONLY provide 0mg flavor samples over the counter.

What to expect moving forward

It is difficult to say how this will affect consumers in the long-term during these early stages of implementation. The (seemingly) intentional ambiguity of these regulations on auxiliary products and nicotine-free e-liquid . The 'wild west' days of the e-cigarette industry are drawing to a close. As the industry continues to progress so do federal regulations. It is our responsibility, as producers and consumers, to shed nothing but positive light on our trade and products by abiding by all regulations that have been (and will be) put in place. On the other side of the coin, we must also let our voices and opinions be heard in order to move our industry in a positive and beneficial direction. Stay tuned to learn how Space Jam is doing our part to make a positive impact and support favorable policy.

Leave your thoughts in the comments. What regulations should be implemented or repealed? What direction would you like to see the industry take in the future? We'd love to hear from you!