Throughout 2020 and into 2021, the vape industry has encountered many challenges, especially when it comes to regulation. While there are many stakeholders including individual legislators and government agencies, you, your business, and most importantly, your customers should know what these agencies do and how they enforce vape in this latest edition of State of Vape.
How Does The FDA Enforce Vaping Regulations?
The Food and Drug Administration (FDA) has been the primary regulatory agency when it comes to the vaping industry. The FDA was founded in 1906 under President Theodore Roosevelt. He also signed the Pure Food and Drug Act of 1906 which created the origins of the agency, but it wasn’t until 1938 that President Franklin D. Roosevelt signed the Federal Food, Drug, and Cosmetic Act, creating the FDA as we know it today.
The Deeming Rule and PMTA are two of the biggest regulations in the history of vaping, seeking to restrict the sale and marketing of vape products. Since vape products are considered tobacco products, these also fall under the purview of the FDA, specifically the Center for Tobacco Products (CTP). The Deeming Rule stated that no new products could be introduced to the market after 8/8/16, while the PMTA process, delayed for years, had a deadline of September 9, 2020.
As of this writing, there is still no permanent FDA commissioner, which makes it difficult to predict how the FDA will enforce vaping regulations. Brands have said that they have had their PMTA applications accepted, but no brand has yet been fully approved, which makes it an interesting time for FDA enforcement as manufacturers are still at risk of having their applications rejected. Some enforcement actions have been carried out in 2020 and 2021, although some manufacturers (particularly Puff Bar) have switched to using synthetic nicotine, which we covered in a previous edition of State of Vape. This allegedly allows them to avoid FDA regulations, which typically cover products that have ingredients derived from tobacco.
Vaping360’s Jim McDonald pointed out that the FDA has relatively relaxed enforcement procedures. This has led to vaping gaining national attention, initially for flavors appealing to minors and then EVALI in late 2019. The PACT Act brings in another agency when it comes to vape, which we will explain below.
How Does The ATF Enforce Vaping Regulations?
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is a federal law enforcement organization under the United States Department of Justice (DOJ), founded in 1972. The organization was originally under the United States Department of Treasury before moving to the DOJ in 2003. The ATF has always been serious about enforcing their mandate, particularly when it comes to another highly regulated industry: firearms. Most notably, the ATF has been involved in two high-profile incidents such as the Ruby Ridge Siege in 1990 and the Waco Siege of 1993.
The PACT Act requires online retailers to register with the ATF and the U.S. Attorney General. The PACT Act also requires registration with state and local tax authorities where they do business, as well as collect and pay all applicable local and state taxes.
The vaping industry is faced with the challenges of satisfying the requirements of multiple government agencies at once, particularly ones with lots of power such as the FDA and the ATF. The eJuices.co team is working hard to ensure that you have the latest information regarding laws and regulations concerning the vape industry.
What Should I Do?
These agencies are placing very high burdens on smaller retailers who may have not had experience dealing with multiple government agencies at once. While this is overwhelming for small business owners, the eJuices.co team is standing by to inform you of the latest happenings in the vaping industry. These may be challenging times for you and your business and we want to make sure you stay compliant with any new laws and regulations that come your way.
If you have any questions or concerns, you can always contact your eJuices.co account manager or sales representative. We are looking forward to speaking with you and helping your business succeed.
