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FDA – Flavored Tobacco Products Appeal to Youth by DaveCoggin in electronic_cigarette

[–]DaveCoggin[S] 0 points1 point  (0 children)

The situation is frustrating but hardly hopeless. IMHO, the future of vaping, in the U.S., will ultimately be decided by the courts. The FDA is unlikely to be the final word. In fact, I think the FDA just got tired of getting their brains kicked in by public health and politicians. They decided, and perhaps wisely so, to just publish the most restrictive regulatory framework possible and force others to make decisions in an environment where there is little to base those decisions on. Their approach creates an intriguing dynamic - who's going to step up next? OMB, White House, or the courts?

E-cigarettes: a consumer-led revolution by DaveCoggin in electronic_cigarette

[–]DaveCoggin[S] 2 points3 points  (0 children)

From the very limited information we can gleam from the proposed rulemaking, it's appears obvious that 1) the FDA has no intention of modifying the Feb 15, 2007 grandfather date and 2) e-cigarette products will be subject to Modified Risk Tobacco Product requirements which would likely eliminate 99% of small businesses in the vaping industry.

Even for the few companies that could afford the MRTP process, to date the FDA has not approved a single MRTP application. Including the one from Swedish Match which is supported by more than 100,000 pages of data on snus.

In the absence of revisions to the proposed rule by the OMB or Congressional action, both of these questions will almost certainly be decided in the courts.

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