A new regulation was voted under the Obama administration last year. Manufacturers of vaping products, e-liquids and electronic cigarettes will soon be required to get a market approval from the FDA for all of their products. Including the ones that are already on the market.
This is an extremely expensive process that seems potentially impossible. It could inflict a major blow to the US vaping industry.
But American vapers, vape shop owners and vaping industry professionals have decided to fight at the legislative, legal, political and regulatory levels.
Some unsuccessful political attempts from Representatives who are true vaping advocates took place recently. And now, a ‘Citizen Petition’ has been filed by the Vapor Technology Association, the Smoke-free Alternatives Trade Association, NJOY LLC, and several other businesses. The FDA Citizen Petition is a formal process described in the Code of Federal Regulations. This process allows citizens to ask the FDA commissioner to « issue, amend, or revoke a regulation or order ». But also to « take or refrain from taking any other form of administrative action”.
The goal of the citizen petition: stall the implementation of the new regulation
The objective of this petition is fairly simple. It asks for a reasonable delay in upcoming product application deadlines. It also requests for clear guidance on how to actually get products which are already on the market re-approved for future use. The FDA will need to respond within 150 days.