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Current Status Of FDA Deeming Rules?


vuJim

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I had thought I'd read here, recently, the deeming rules relating to vaping would:
  1. Essentially render just about anything reasonable against the law to sell, incl. juice, atomizers of all types, etc.
  2. Go into effect sometime mid-May of this year (2020)?
But, in searching, the first non-FDA hit that came up was this: FDA Deeming Regulations On E-Cigarettes Postponed: What That Means. It says:
Commissioner Dr. Scott Gottlieb made the announcement on July 28th as part of a larger initiative aimed at reducing nicotine-related deaths in the US. Without this policy change, the e-cigarette industry was facing a deadline of next year to seek approval to sell any product that entered the market after Feb. 15, 2007. The new rules grant companies until Aug. 8, 2022. Gottlieb also stated that the FDA will force cigarette companies to reduce the amount of nicotine in traditional cigarettes.
But the article is dated July 31, 2017.

So I'm confused.

Can anybody clarify as to what is the current status of the FDA's Deeming Rules relating to e-cigarettes/vaping and when they're going to be put into force?
 

JuicyLucy

My name is Lucy and I am a squonkaholic
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Ok. Thanks for the follow-up, @PuffOn
The July 2017 date you saw (2022 effective date) was before the FDA got sued by ANTZ demanding they enforce deeming now. The FDA lost the lawsuit and agreed to begin enforcement May 12, 2020. They were granted an extension by the court for Sept 2020 due to the Corona Virus

Very confusing shit
 

vuJim

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The amazing thing, to me, anyway, is that every time I've mentioned "FDA Deeming Rules" in a LVS, they've gone "Thuh whut?" and looked at me like I was speaking in tongues.
 

The Cromwell

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Also mods must now pass UL certification under Deeming rules.

which will likely prevent all replaceable battery and mech mods from getting FDA approval to be sold.

Also FDA recently sent letters to Uwell and others telling Uwell to take the Caliburn off the US market.

So in reality September is now the deadline for FDA enforcement regulations to be enforced, however it does not mean they have to wait until then to selectively enforce the deeming regs. As we have seen with the January pod flavor ban and now with the Caliburn ban and letters to other distributors and manufacturers of what they deem to be vaping products attractive to underage persons.

I suspect we can expect more FDA actions prior to September as well.

My expectations is that no open vaping systems will get FDA approval and no mix and match setups ie extinction of the 510 connector system. This is from my reading of the PMTA requirements documents.
Just internal battery all in ones, pods or cigalikes probably for sale legally in the not so distant future.
 
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The Cromwell

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Marvelous


I suppose I best add another dual-18650 mod, for a spare, just in case. Best get to lookin' to see what's hot.
Yeah a really sucky outlook for vaping in the US.
 

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