As of August 8, 2016, the Food & Drug Administration (FDA) will consider vapor products to be “tobacco products” under the Family Smoking Prevention and Tobacco Control Act (the Tobacco Control Act). What does this mean for vaping and the development of new reduced harm products in the United States going forward?
The bad news is that August 8th of this year marks the beginning of a two-year countdown to FDA prohibition of 99.9%+ of vapor products on the market. If we do not succeed in changing the FDA’s arbitrary predicate date of February 15, 2007, the vapor industry will shrink to almost nothing beginning August 8, 2018. Even so, there is reason for optimism — advocates are actively working daily to convince Congress and/or the courts that the 2007 predicate date cannot be allowed to stand.
Under almost any outcome of these efforts, regulation of vapor products will occur. In order for your favorite manufacturer, distributor, retailer, etc. to keep their doors open until August of 2018 (and hopefully far beyond), there are a number of rules and regulations that they must follow. These rules are coming into effect in a staggered fashion over the next two to three years.