EcigAdvanced’s Klaus Kneale is in Washington, D.C. today attending SFATA’s ‘day on the hill’ Fly-In. This event aims at bringing together e-cigarette industry leaders with legislators and those involved in policymaking relevant to the regulation of electronic cigarettes.
Klaus has relayed some preliminary points of interest from the event, the following should be taken as nothing more than statements made at the event and by no means reflect a set-in-stone reality for e-cigarette businesses or regulation:
-It is very possible that the Office of Budget and Management will not approve the FDA deeming draft. The FDA does not seem capable of proving that the cost of regulation (lost business, jobs, implementing fees, etc.) will be worth the benefits.
-There are rumors that the Small Business Association is looking into the FDA’s proposed regulations and will fight it on behalf of small electronic cigarette companies.
-The FDA regulation pipeline is so convoluted that we are not likely to see regulation of the industry for 2-3 years.
-If FDA deems electronic cigarettes as tobacco products, all provisions in the Tobacco Control Act must apply to them. Most of these wouldn’t make sense and the FDA can’t choose to apply only some provisions. This makes deeming regulation for electronic cigarettes easier to argue against.
-Even if e-cigs are regulated as tobacco products, those using synthetic or non-tobacco nicotine are likely to be exempt. At minimum this presents a difficulty for the regulators.
-There are alternate agencies under which e-cigarette regulation could occur rather than under FDA. The most likely candidates are the Consumer Products Safety Commission or the Center for Devices and Radiological Health. FDA still seems most likely though.
-We should be concerned with the regulatory movement against e-cigarettes in Europe because the FDA and US regulators may use regulations as a precedent for our own regulatory plans. The same goes for US local and state level ordinances.
-Brazil banned electronic cigarettes outright and the black market for the devices is growing very rapidly.
-Some common e-cigarette ingredients are legally considered safe for consumption, but are still considered lung irritants. Many companies will likely need to overhaul e-liquid recipes because of this issue.
We’ll keep you posted as Klaus gathers more information from this event.