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Will the September PMTA Destroy the Vaping Industry?


Freeman_Vapes

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The Cromwell

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A bit late to take action. The industry did not properly band together to fight this. MANY vapers still either do not know about this perhaps because their vape shops and vendors did not educate them on it?

ALL cases against the Deeming regs have been lost.

Will it vaping just immediately go away on Sept 9?
nope but the vast majority of vape sales in the US will rapidly die off.

I think a few pod systems and cigalikes do have accepted PMTA applications and can continue to be legally sold until 1 year from application date, or rejection of application. Or of coruse continue to be sold if application is approved.

I keep hearing of several vape businesses being scheduled to close by the PMTA enforcement deadline date.

And yes there will be underground vape activity. But even with this it will just be a tiny shadow of what was in the US world of vape.


Oh and it will still be legal to sell non FDA approved vape stuff to buyers OUTSIDE of the USA.

Oh and what happens Sept 9 was originally supposed to happen in 2017.
So this is not a rushed last minute thing with the Deeming regs/PMTA.
And were it not for the Pandemic this would have happened last May.
 
Last edited:

The Cromwell

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For ENDS products marketed without FDA authorization, FDA intends to prioritize enforcement against:
• Any flavored, cartridge-based ENDS product (other than a tobacco- or menthol-flavored ENDS product);
• All other ENDS products for which the manufacturer has failed to take (or is failing to take) adequate measures to prevent minors’ access; and • Any ENDS product that is targeted to minors or whose marketing is likely to promote use of ENDS by minors.3 3 For purposes of this Final Guidance, FDA’s use of the term “minor” refers to individuals under the age of 21. This is consistent with the Further Consolidated Appropriations Act, 2020 (H.R. 1865), signed into law on December 20, 2019, which included a provision amending section 906(d) of the Federal Food, Drug, and Cosmetic Act to increase the federal minimum age to purchase tobacco products from 18 to 21, and adding a provision that it is unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age. In addition, FDA is working to update our regulations within 180 days, consistent with the timeline set forth in the law.

Further, FDA intends to prioritize enforcement of any ENDS product that is offered for sale after September 9, 2020, and for which the manufacturer has not submitted a premarket application (or after a negative action by FDA on a timely submitted application).

full document is available at https://www.fda.gov/media/133880/download

thoughts and disclaimer:
No I am not anti vaping and no I have no affiliation with the FDA. Just think all should be aware of what is really happening.

My thought is that all vape stuff will require signature delivery. And possibly CC companies not honoring illegal vape purchases, which will be the vast majority of them. It is already in the CC companies rules to do so.
And will only require a letter from the FDA to make them comply.

Yeah really sucky but has been coming at us for years now.
 

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