American Vaping Association

Advocating for Tobacco Harm Reduction

For Immediate Release

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Contact: Gregory Conley

Tel: 609-947-8059

Email: gconley@vaping.org

For Immediate Release

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AVA Responds to President Trump’s Temporary Flavor Ban Policy

But his new policy is better than total prohibition, says American Vaping Assoociation

WASHINGTON, D.C. — Earlier today, the Food & Drug Administration (FDA) announced a new enforcement policy that will impact certain flavored vaping products. While pleased to see that the new enforcement policy will not shut down thousands of vape shops, the American Vaping Association, a pro-vaping advocacy group, is warning the Trump Administration that upcoming Obama-era regulatory deadlines could spell doom for the very same vape shops President Trump decided not to put out of business.

Under the policy, starting on February 2, 2020, no closed system (non-refillable) pod or cartridge can be sold after February 2nd in flavors other than tobacco or menthol unless the product has had a premarket tobacco application (PMTA) approved by the Food & Drug Administration. Bottled e-liquids and disposable, single-use vaping products are not included in the enforcement policy, but all these products are still subject to the FDA’s May 10, 2020 PMTA deadline.

Gregory Conley, president of the American Vaping Association, released the following statement: 

“When President Trump announced his plan to ban all flavors in September, the conventional wisdom was that there was little hope of stopping it. Millions of vapers and thousands of small business owners fought back and attained at least a partial victory in the process. This move will allow thousands of small businesses to remain open, but short-term exemptions will mean little without long-term reforms at the FDA.
“We are now less than four months away from the exact class of vaping products President Trump exempted from this policy  — open tank systems — being banned because of the sky high costs associated with Obama-era rules the FDA is retroactively enforcing on vaping companies. President Trump will get the blame if America’s vape shops are forced to close their doors in May.
“The reality is that banning flavors in closed systems will result in more adults smoking. Not every adult ex-smoker who currently uses NJOY or Vuse will switch over to open systems or be satisfied with a tobacco or menthol flavor; some of them will return to smoking. The cavalier attitude of some activist groups to the potential of ex-smokers going back to Marlboros is deeply disappointing. We urge the FDA to prioritize review of products removed from the market under this policy.
“While the ideal is for no youth to vape or smoke, the unintended consequences of policies like these could be more young people smoking cigarettes or switching to illicit THC cartridges. Prohibitionist groups can complain all day long, but the reality is that flavored vaping products do help adult smokers quit.”

About the American Vaping Association

The American Vaping Association is a nonprofit organization that advocates for fair and sensible regulation of vapor products, otherwise known as electronic cigarettes, with the goal of maximizing the number of adult smokers who use these products to quit smoking. The AVA was founded by Gregory Conley, a consumer and industry advocate with a long track record of advocating for vapor products dating back to 2010.

We are dedicated to educating the public and government officials about public health benefits offered by vapor products, which are battery-powered devices that heat a liquid nicotine or nicotine-free solution and create an inhalable vapor.  The AVA is not a trade group and does not speak for any particular businesses, including our industry sponsors.

You can learn more about AVA and vaping by visiting the AVA website. You can also find us on Facebook and Twitter.