AVA Action Alert for E-Cigarette Business Owners and Employees:
Contact Members of Congress & Urge Opposition to the Proposed Deeming Regulation
July 10, 2014
Less than 30 days remain to submit comments to the Food & Drug Administration (FDA) on their proposed deeming regulation, which would classify vapor products and electronic cigarettes as “tobacco products.” The AVA will be submitting a request today for a further extension of the comment deadline to ensure that the FDA has access to the best science on the subject.
In the meantime, the AVA is encouraging e-cigarette retailers, wholesalers, distributors, etc. to reach out to their representatives in the U.S. House and Senate in Washington, D.C. and ask for a meeting to discuss the negative impact the proposed regulations would have on their businesses. (Find your representatives here). AVA President Gregory Conley will be available to provide assistance to vendors in pursuing these meetings upon request.
Currently tens of thousands of different vapor products are available on the market, which is fueling the explosion of brick and mortar “vape” stores across the United States. As detailed and supplemented below, the proposed FDA deeming regulations threaten to destroy thousands of small- and medium-sized businesses and shift virtually all sales to Big Tobacco or the black and grey markets.
Members of Congress and their staff need to understand that the e-cigarette industry is not owned or controlled by Big Tobacco and that e-cigarettes represent our best hope yet of getting millions of American smokers off of combustible tobacco. They need to be told how many e-cigarette businesses exist in their district or state and the economic effect of those stores (number of jobs, store fronts being rented, taxes paid, etc.). It is critical that they recognize the need for Congressional inquiry into the economic and public health impacts of the deeming regulation.
Most importantly, members of Congress need to understand that the FDA’s proposed deeming regulation would:
Hand the industry to Big Tobacco by requiring expensive, complex, and unnecessary premarket tobacco review applications be filed for any e-cigarette or e-liquid product, including those already on the market today.
Ban the sale of 99%+ of vapor products two years after the issuance of the Final Rule.
Shut down hundreds or thousands of e-cigarette specialty stores, wholesalers, distributors, and manufacturers of e-cigarettes and e-liquid.
Forbid e-cigarette companies from truthfully informing consumers that e-cigarettes are tobacco-free, smoke-free, and expose users to much lower levels of toxins than tobacco cigarettes.
Create a massive black and grey market for nicotine products that will put consumers at risk.
Recommended Further Reading:
Meghan Neal, Vice — The E-Cig Industry Will Choke on New FDA Regulations—Except Big Tobacco
Jacob Sullum, Forbes — Will FDA Regulation Preserve Or Destroy The E-Cigarette Industry?