The U.S Food and Drug Administration (FDA) alongside the Department of Health and Human Services announced deeming regulations for the vapor industry today.
The FDA will stick to its position that all tobacco products not currently regulated that hit stores after February 2007 would have to be approved by the FDA. The e-cigarette industry was virtually non-existent before then.
The Tobacco Control Act of 2009 sets February 15, 2007, as the latest date by which all tobacco products would have to have to be grandfathered in. Mitch Zeller, head of the FDA’s Center for Tobacco Products, has said publicly that he couldn’t choose a later date, it can only be changed by an act of the U.S. Congress.
An amendment to appropriations legislation working its way through the U.S. House would change the date so more e-cigarettes would be grandfathered in.
The legislation would prevent the FDA from requiring retroactive safety reviews of e-cigarettes that are already on the market and exempt some premium and large cigars from those same regulations. E-cigarette products introduced in the future would still undergo the safety reviews.
Republicans have said the pre-market review would be a lengthy and expensive process. Gregory Conley, president of the American Vaping Association, says each review could cost more than a million dollars.
“There are thousands of small businesses and tens of thousands of jobs on the line,” Conley said.