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The Aftermath of The FDA Vaping Regulations

Rossum

Gold Contributor
Member For 3 Years
Poorly written article.

In essence, the FDA stated that on August 8, 2018, e-cigarettes, e-liquids, and any other vaping products will be deemed tobacco products. Any of these products that do not have proper FDA approval will need to be removed from the market or the sellers, manufacturers, and business should expect huge fines and more penalization.
No, they have already been deemed, this year. The 2018 date is correct for when they will have to be approved unless PMTAs are filed.

Fortunately, the FDA rules are fairly straightforward. Every single step shops need to take to comply are painstakingly laid out in order. This makes the process easier, as nothing is bogged down in endless paperwork. However, the process can cost millions of dollars – money that most vaping companies do not have.
Yes, it will cost millions to to file applications for a few products. But what the article fails to mention is that spending the money to file the applications does not guarantee approval! I believe it was Mitch Zeller who said something to the effect of, "It's unclear whether the FDA will ever approve any ENDS product."
 
That article is full of opinionizing and contains little new information. And he is missing some big points. DIY'ing in my own estimation will make you a manufacturer in the eyes of the FDA, particularly if you are selling your product. Making and selling juice in your "neighborhood" after Aug. 18 will be an offense likely to land you afowl of the law, and not one many DIY'ers will be willing to take. We will continue making juice for our own consumption but it won't be something I plan to advertise. And there will be a large underground market alright, but it is likely to be run by organized crime who is being handed a big moneymaking opportunity by the FDA. 10-20 million U.S.Vapers seeking product and legal sales as close as the Canadian and Mexican borders. All that is missing from this picture is the middleman.
 

Rossum

Gold Contributor
Member For 3 Years
DIY'ing in my own estimation will make you a manufacturer in the eyes of the FDA, particularly if you are selling your product.
Yes, selling it might be a problem, but you can produce any tobacco product you want for personal consumption and not be you a "manufacturer" in the eyes of the FDA.

All that is missing from this picture is the middleman.
I think it's far from certain how that will shake out. My guess is there won't be much finished juice imported "informally". Everything needed to make juice is readily available for other purposes except nicotine. So it would make far more sense just to bring in the nic while sourcing everything else locally, and doing the mixing locally.

Coming in from London from over the pond
Flyin' in a big airliner
Chickens flyin' everywhere around the plane
Could we ever feel much finer?

Comin' into Los Angeles
Bringin' in a couple of liters
Don't touch my bags if you please mister customs man....
 

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