Vaping FAQs

are vaping products regulated

by Stephanie Wiegand Published 1 year ago Updated 1 year ago
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In the US, the FDA (Food and Drug Administration) regulate vaping products and the regulations are similar to those in the UK:

  • Restricting youth access
  • Conducting retailer and manufacturer checks
  • Increasing requirements for manufacturers
  • Utilizing premarket review requirements
  • Providing data to inform premarket applications
  • Preventing youth tobacco use through enforcement actions, policy and education
  • Continuing to invest in more science and research

Starting in 2016, the agency was able to begin regulating e-cigarettes—this time as tobacco products. Under those regulations, companies must submit an application to FDA to keep selling existing e-cigarette products or to sell new products.Jan 5, 2022

Full Answer

Is FDA banning vaping?

The Food and Drug Administration (FDA) seems intent on banning nearly all of the nicotine vaping products currently available in the United States, even though it acknowledges their harm-reducing...

What does the FDA say about vaping?

The single positive—one in the eye for disgraced researcher Stanton Glantz, billionaire Michael Bloomberg, his proxies at Campaign for Tobacco-Free Kids (CTFK) and Parents Against Vaping E-Cigarettes — is that the FDA finally had to admit that an e-cigarette is “Appropriate for the protection of public health … The toxicological assessment found the authorized products’ aerosols are significantly less toxic than combusted cigarettes.”

Should the federal government regulate vaping?

These federal agencies would also be able to regulate what forms of consumption are allowable. For example, federal law could stamp out vape-based cannabis consumption, both medical and recreational. As a reminder, more than two dozen people have died in recent weeks from mysterious vape-related lung illnesses.

Did the FDA approve vaping?

Vaping: FDA approves e-cigarette in US for first time. The Food and Drug Administration (FDA), which regulates medical products in the US, has approved an e-cigarette for sale for the first time ...

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What does the FDA do to regulate tobacco products?

In order to regulate a tobacco product, the F DA had to write a rule that would specify which products it deemed to be subject to the TCA. The law immediately deemed cigarettes, cigarette tobacco, smokeless tobacco, and hand-rolled tobacco as subject to the TCA, and required the FDA to stipulate what other tobacco products it would regulate. Thus, in order to regulate cigars, e-cigarettes, and hookah and vaping products, the FDA had to write a rule that was processed through the formal “notice-and-comment” rule-making process. The shorthand for this effort is “deeming regulation.”

What is the result of this mix of legal and illegal use of addictive substances?

The result of this mix of legal and illegal use of addictive substances is that our jails are full of drug users who have committed nonviolent crimes, significant premature death and disability is tolerated, and there are enormous disparities in enforcement as functions of wealth, race, and power.

Why is tobacco important to the economy?

This person’s conclusions: tobacco produced economic benefit not only because it created jobs , but also because it reduced longevity after retirement. In other words, people who die from tobacco-related diseases often die from sudden cardiac death, myocardial infarction, stroke, or lung cancer — all of which are associated with relatively short intervals of disability.

Is methamphetamine illegal?

Amphetamine derivatives are contained in many over-the-counter and prescription medications, but methamphetamine is illegal and its use is growing rapidly again as opioids become more difficult to obtain. Opioids are prescribed legally, but they are illegal for consumer use.

Is cigarette tobacco a TCA?

The law immediately deemed cigarettes, cigarette tobacco, smokeless tobacco, and hand-rolled tobacco as subject to the TCA, and required the FDA to stipulate what other tobacco products it would regulate.

Risks from inhaled products

In addition to unproven health claims, these vaping products may present other risks. Inhaled products can be dangerous and even may trigger severe coughing, cause airway tightening, and make speaking and breathing difficult.

Advertising tactics

Don’t be misled by vaping products claiming to contain “vitamins” and other “natural” ingredients or being advertised for “wellness” purposes. The terms “wellness” and "natural" on labels are not well-defined and are sometimes used to imply unproven benefits or safety.

What is the FDA doing?

The FDA issued warning letters to companies for illegally selling these vaping products with unproven health claims. The letters provide the companies notice and request that they take prompt action to address any violations of the law.

Reporting Problems

Consumers and health care professionals should report adverse events or side effects related to the use of vaping products to the FDA.

When did CTP start regulating e-cigarettes?

When CTP began regulating ENDS, many of the regulatory and legal requirements that had been in place for manufacturers of cigarettes, smokeless tobacco, and roll-your-own tobacco since 2009 — as well as several new requirements specific to ENDS — became applicable to makers of e-cigarettes and other ENDS products. As of June 2019, the compliance dates to meet many of these requirements have passed, and makers of all ENDS currently on the market should have met certain requirements, including, but not limited to:

When did the FDA issue the first warning letter to a company for selling e-liquids without the required marketing?

In 2018 , as a result of regular inspections that now include e-cigarette manufacturers and retailers, FDA issued the first warning letter to a company for selling e-liquids without the required marketing authorization.

What is the Youth Tobacco Prevention Plan?

An integral part of the Youth Tobacco Prevention Plan is direct education to teens themselves. In 2018, FDA expanded the youth tobacco prevention campaign, “The Real Cost,” to include an e-cigarette prevention campaign. “The Real Cost” Youth E-Cigarette Prevention Campaign focuses on educating the nearly 10.7 million youth aged 12-17 who have ever used or are at risk of using e-cigarettes on their potential dangers, such as nicotine addiction and exposure to other chemicals. Campaign ads can be found in schools and on age-verified digital and social media sites where teens spend most of their time and will expand to television beginning in summer 2019.

Why is the warning statement on nicotine important?

Likewise, the warning statement on nicotine is an important requirement to let the public know that these products contain nicotine, an addictive chemical. FDA has also issued new or revised guidances on these topics.

How many people smoke combustible cigarettes?

from tobacco-associated cancers, emphysema, heart disease, stroke and the 34.3 million Americans who still smoke combustible cigarettes despite decades of efforts to help them quit. So, any product that can diminish the use of combustible cigarettes substantially has to be considered of enormous potential value. Are e-cigarettes that product? Well, given that most e-cigarette users continue to smoke cigarettes, the answer is not clear. Though there are some data, both epidemiological and from direct clinical trials, that some electronic nicotine delivery systems (ENDS, which includes products known as “e-cigarettes”) can reduce the use of combustible cigarettes and may be less harmful than traditional cigarettes.

How many warning letters did the FDA issue?

In September 2018, in the largest coordinated enforcement effort in the agency’s history, the agency issued more than 1,100 warning letters and initiated 131 civil money ...

Why is the FDA evaluating Ends?

Because ENDS products are still relatively new, FDA supports and funds research to evaluate ENDS’ public health impact both at the individual and population levels. For example, in 2018, the agency commissioned the National Academies of Sciences, Engineering, and Medicine (NASEM) to evaluate the available scientific evidence of the short- and long-term health effects related to the use of ENDS.

How long does it take for the new tobacco law to go into effect?

The new law, which will see all tobacco and nicotine-containing products regulated under the US Tobacco Control Act, will go into effect in 90 days.

How long will manufacturers be allowed to sell dangerous products?

They’ve also voiced concern about the fact that manufacturers will be allowed to continue selling potentially dangerous products for the two to three years that it’s expected to take the FDA to assess everything.

Is the Wild West regulated?

The 'wild west' of e-cigarettes, where nothing was regulated and the scientific opinion was inconclusive at best, has come to an abrupt end, with the US Food and Drug Administration (FDA) announcing over the weekend that it will now start regulating e-cigarette products, requiring age limits, clearer product labels, and health warnings going forward.

Can you sell modified risk tobacco?

No longer sell modified risk tobacco products (including those described as "light", "low", or "mild") unless authorised by the FDA.

When did the FDA finalize the tobacco rule?

FDA finalized a rule, effective August 8, 2016, to regulate all tobacco products. For background information on this milestone in consumer protection, see The Facts on the FDA's New Tobacco Rule.

What is the final rule for deeming tobacco?

Final Rule: Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; Restrictions on the Sale and Distribution of Tobacco Products and Required Warning Statements for Tobacco Products.

Is the FDA regulating e-cigarettes?

FDA' s Deeming Regulations for E-Cigarettes, Cigars, and All Other Tobacco Products. Tobacco use is the single largest preventable cause of disease and death in the United States. 1 Since 2009, FDA has regulated cigarettes, smokeless, and roll-your-own tobacco. FDA finalized a rule, effective August 8, 2016, to regulate all tobacco products.

What are the new regulations for e-cigarettes?

The regulations require disclosure of ingredients used in e-cigarette liquids, proof of safety of those ingredients, and regulation of the devices used to vaporize and deliver the liquid. The FDA proposed regulation would ban the sale of e-cigarettes with nicotine to any individual under 18 years of age. In August 2014, attorneys general from over two dozen states advised the FDA to enact restrictions on e-cigarettes, including banning flavors. On 10 May 2016, the FDA published their deeming regulations in the Federal Register, which were to take effect on 8 August 2016. Vendors and companies had until two years afterward to prepare paperwork with the FDA to have their product remain on the market. Currently, there are lawsuits and amendments made in the works in Congress to change that provision. The lack of research on the risks and possible benefits has resulted in precautionary policymaking in the US "which often lacks grounding in empirical evidence and results in spatially uneven diffusion of policy". The time by which applications to market regulated non-combustible tobacco product devices must be submitted for review has been extended to August 8, 2022.

Why are vapes banned in Malaysia?

Malaysia: In 2015, the Malaysian National Fatwa Council issued a fatwa declaring e-cigarettes haram (forbidden) because of their harmful health effects and bad smell. Though the fatwa is not legally binding, it carries weight for religious Muslims and has caused the governments of four majority-Muslim states— Penang, Kedah, Johor, and Kelantan —to ban vaping. As a response to the fatwa, the Malaysian federal government began regulating e-liquid ingredients and vape sales to minors in 2018, marking the first federal regulations of the 2.5 billion ringgit (US$610 million) industry. A petition called "Selamatkan anak-anak Malaysia" was launched by Parent & Teacher Action Group Malaysia to urge government to ban (totally) e-cigarette and vape in Malaysia, which they managed to collect more than 100,000 signatures so far.

How do taxes affect e-cigarettes?

Studies that examine the impact of e-cigarette taxes on use of e-cigarettes and traditional cigarettes have found that e-cigarette taxes increase cigarette use across different populations (adults, children, pregnant), thus providing evidence that the two products are economic substitutes. Along the same line, another study found that e-cigarette minimum legal purchase age laws increase cigarette use among 12 to 17 years old, suggesting that e-cigarettes are displacing youth smoking rather than acting as a gateway to youth smoking. Regarding indoor vaping regulations, one study found that it increased prenatal smoking by about 0.8 percentage points had no significant impact on birth outcomes.

How much nicotine can you buy in Belgium?

Belgium: A royal decree legalized the sale of nicotine containing cartridges outside of pharmacies as long as the cartridge contains not more than 2 ml and a maximum of 20 mg/ml of nicotine. The sale to a minor under the age of 18 years is prohibited.

How many states have e-cigarette laws?

A review of regulations in 40 U.S. states found that how a law defines e-cigarettes is critical, with some definitions allowing e-cigarettes to avoid smoke-free laws, taxation, and restrictions on sales and marketing. Fewer policies have been created to restrict vaping indoors than with cigarette smoking.

How many states have banned e-cigarettes?

As of April 2017. [update] , 12 US states and 615 localities had prohibited the use of e-cigarettes in venues in which traditional cigarette smoking was prohibited. In 2015, at least 48 states and 2 territories had banned e-cigarette sales to minors.

How old do you have to be to smoke an e-cigarette?

The FDA proposed regulation would ban the sale of e-cigarettes with nicotine to any individual under 18 years of age.

How many high schoolers are vaping?

More than a quarter of high schoolers — 27.5% — are now vaping, according to preliminary data from the 2019 National Youth Tobacco Survey. New 2019 data from another national survey shows that youth vaping has more than doubled since 2017, with more than 1 in 9 high school seniors reporting vaping nicotine on a near-daily basis, ...

How many youth use flavored e-cigarettes?

Almost all youth who vape — 97% — use flavored e-cigarettes. This is no surprise: it has long been proven that flavored tobacco products attract youth. While federal law banned characterizing flavors, excluding menthol, from cigarettes in 2009, no such ban on e-cigarettes exists, allowing vaping companies to capitalize on kid-friendly flavors.

Is Juul a high nicotine?

The average nicotine concentration in e-cigarettes sold in U.S. retailers more than doubled from 2013 to 2018, according to a study by Truth Initiative and the Centers for Disease Control and Prevention. JUUL’s nicotine content is one of the highest among e-cigarettes on the market and it has driven much of the increase in nicotine content in e-cigarettes.

Who owns Juul tobacco?

JUUL, which is part-owned by tobacco giant Altria, is officially Big Tobacco, an industry with an insidious history of targeting kids with addictive products.

Is mint popular in vaping?

Mint was already popular with young people when flavors like fruit medley, mango and crème brulee were sold in stores, and now it has become even more popular. A 2018 Truth Initiative® survey found that mint was among the top three favorite flavors among young JUUL users aged 12-24, meaning they chose it last time they vaped. New research shows that mint and menthol e-cigarette use overall rose from 51.2% in 2018 to 63.9% in 2019, as other sweet and fruity flavors became harder to come by.

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The Link Between Tobacco and Disease

How The FDA Came to Regulate Tobacco

  • There is a widespread misconception that the FDA has been regulating tobacco products since the time that a young FDA commissioner, David Kessler, MD, confronted the tobacco industry in the 1990s. Kessler and his colleagues used their authority to uncover documents revealing the tobacco industry’s efforts to obfuscate evidence of harm from their pr...
See more on aamc.org

A Path to Enforcement

  • However, to fully understand the history of tobacco regulation since the passage of the TCA, one also needs a basic understanding of how federal laws are interpreted and implemented. In essence, once Congress enacts a law, that law must then be interpreted, and federal rules provide binding instructions on how a law is interpreted by the relevant federal agencies. Guidances are …
See more on aamc.org

The Economic Impact of Tobacco Use

  • An additional key background issue concerns the economics of tobacco and tobacco products. My own introduction to these issues occurred during a clandestine breakfast meeting with a famous demographer and epidemiologist who had conducted a 1990s version of a “big data” analysis. This person’s conclusions: tobacco produced economic benefit not only because it cre…
See more on aamc.org

Risks from Inhaled Products

Advertising Tactics

What Is The FDA Doing?

What Should A Consumer do?

Reporting Problems

  • Consumers and health care professionals should report adverse events or side effects related to the use of vaping products to the FDA. 1. If you think a vaping product may have caused you or someone you know to have a serious reaction or illness, immediately stop using the product and contact your health care professional. 2. You can report the ser...
See more on fda.gov

Restricting Youth Access to Ends

Conducting Retailer and Manufacturer Checks

  • FDA also conducts regular inspections of ENDS manufacturing facilities, including vape shops that make or modify ENDS products. Since 2016, CTP has conducted more than 1,200 vape shop inspections to confirm that manufacturers and retailers in these facilities are complying with the Federal Food, Drug, and Cosmetic Act and FDA regulations, as well a...
See more on fda.gov

Increasing Requirements For Ends Manufacturers

Utilizing Premarket Review Requirements

Providing Data to Inform Premarket Applications

Preventing Youth Tobacco Use Through Enforcement Actions, Policy and Education

Continuing to Invest in More Science and Research

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