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PMTA Delayed to September 9

April 24, 2020

PMTA Delayed to September 9

Vape shops are scrambling to stay open due to the COVID-19 pandemic. The eJuices.co team is here to help guide you through these difficult times, and we are eagerly awaiting your questions and concerns. We received some good news in the form of a PMTA delay. The FDA appealed to the U.S. Circuit Court of Appeals for the Fourth Circuit on March 30, and the 120-day extension for PMTA was approved on April 22. Instead of May 12, the new deadline is September 9.


There are many flavor bans in effect in various states and localities. eJuices.co views this as a victory for your business, although there is a long way to go. Tobacco and vaping manufacturers who produce eJuices and hardware will need to submit PMTAs by September 9 so their products can remain on the market during FDA review. This may affect your purchasing decisions and the way you do business, but we are here to help your business succeed.


There are many questions surrounding the PMTA extension. What will it mean for your business? What changes could be made before the new deadline on September 9? We know you have questions, and the eJuices.co team is here to help answer those questions.


What This Means For Your Business


We understand that your business may be undergoing tough times. As we previously mentioned, if it is legally possible in your state or jurisdiction, you should offer curbside pickup and delivery services. This will ensure that your business continues. If this is not possible, you can always set up aPoweredByeJuices.com store and we’ll take care of shipping your products to your customers. 


You can continue totake action by using your social media presence to alert your customers of what is going on in the vaping industry—in turn, your customers can take action as well and hopefully shift the government’s attitude towards vaping in the favor of the industry. Remember, this is an election year, and small business owners are quite powerful when it comes to voting—use that influence to make a difference!


American Vaping Association (AVA) president Gregory Conley wasoptimistic about the change despite not getting their desired results. “While we would have preferred there be no new flavor restrictions, in the end, we not only managed to protect open systems, but opened a vital dialogue with Health & Human Services officials about streamlining the FDA’s pre-market review process,” he said. This could imply that there are further changes to PMTA coming, although this is unknown at the time of this writing.


Chris Howard, the vice president, general counsel, and chief compliance officer for E-Alternative Solutions in Jacksonville, Florida, echoed similar sentiments and said that the delay was promising. “C-store retailers would have more time to assess which manufacturers are planning to submit PMTAs for their products. They should be seeking for manufacturers to provide evidence of submission prior to Sept. 9,” he said.


Conley also added that flavor ban proposals will continue despite the delay of PMTA. “At the state level, we are likely to see flavor ban bills introduced in at least 25 states with Democrats attempting to paint the Trump Administration’s final policy as a gift to the e-cigarette industry,” he said.


If you have any questions or concerns regarding your business, the eJuices.co team is here to help. You can always contact your eJuices.co account manager or sales representative for more specific guidance.


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