Vaping FAQs

how should vaping be regulated

by Kaylie Boyle Published 2 years 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

E-cig regulations should focus on product safety, minimizing youth access and control of candy flavors. They should be framed to encourage harm reduction—switching from cigarettes to e-cigs reduces to almost zero the harm caused by tobacco—and be linked to strategic research evaluating impact.Nov 5, 2014

Full Answer

What are the laws about vaping?

Vaping products are relatively new and the government has recently passed a law that better regulates vaping. The Smokefree Environments and Regulated Products Act 1990 came into force on 11 November 2020.

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.

Should vaping have the same rules as smoking in public?

While smoking is banned indoors everywhere, e cigarettes are allowed in some pubs, cafes and restaurants. The discussion was prompted when officers amended their draft statement of licensing policy to say vaping ‘isn’t unlawful, just treated in the same way as smoking’.

What are the new laws for vaping?

What Are the New Vaping Laws? Before 2016, vaping wasn’t given much consideration. However, now that vaping has increased exponentially, law enforcement has been looking at it much more closely. All 50 states, including New Jersey, have banned the sale of vapes to anyone under the age of 21, and several states have taken the time to define exactly what a vape is.

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How do I regulate my vape?

State and federal policymakers are focusing on two key policies for preventing vaping among young people: minimum sales age laws that restrict the sale of e-cigarettes to adolescents and bans on flavored e-cigarettes. Some states have also implemented e-cigarette taxes (see table).

Why should Vapes be regulated?

The FDA investigations into cases of vaping-related deaths, severe lung illness and seizures underscore the incredible lack of knowledge about the health effects of vaping. New research is also beginning to shed light on possible ties to lung cancer in mice.

How does the FDA regulate vaping?

FDA PRIORITIZES ENFORCEMENT AGAINST CERTAIN ILLEGALLY MARKETED ENDS. FDA's scientific review of vaping products ensures they are appropriate for the protection of public health. The agency continues to monitor the marketplace to protect youth from certain illegally marketed ENDS products.

How are e-cigarettes currently regulated?

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.

Should e cigs be regulated like cigarettes?

E-cigs should be regulated as novel nicotine delivery systems. While most of these regulations would align with current tobacco guidelines for packaging, labeling, sales, and advertisement, new regulations specific to e-cigs, such as prohibiting the sale of nicotine flavors targeted to children, are necessary too.

What are 3 reasons you shouldn't vape?

The e-cigarette aerosol that users breathe from the device and exhale can contain harmful and potentially harmful substances, including:Nicotine.Ultrafine particles that can be inhaled deep into the lungs.Flavorings such as diacetyl, a chemical linked to a serious lung disease.Volatile organic compounds.More items...

Will the FDA Ban vaping?

After a two-year review, the Food and Drug Administration announced Thursday it will ban all vaping and e-cigarette products sold by Juul. It's part of a series of more aggressive moves by the FDA to target vaping and smoking.

Does the FDA apply to vaping products?

The Food and Drugs Act (FDA) applies to vaping products that make a health claim (help quit smoking). This includes products that contain nicotine or any other drugs as defined by the FDA.

Has vaping been approved by the FDA?

Currently, no vaping products are approved by the FDA to prevent or treat any health conditions or diseases.

How many kids are vaping?

2022 Findings on Youth E-Cigarette Use In 2022, about 1 in 10 or more than 2.5 million U.S. middle and high school students currently used e-cigarettes (past 30-day). 14.1% (2.14 million) of high school students and 3.3% (380,000) of middle school students reported current e-cigarette use.

Is vaping regulated in the US?

Under a policy finalized in 2016, new e-cigarettes cannot be sold in the U.S. until their makers prove to the FDA that their products do more good than harm to public health.

What are 5 risks of vaping?

Vaping has been linked to lung injury.Rapid onset of coughing.Breathing difficulties.Weight loss.Nausea and vomiting.Diarrhea.

Why is vaping an important issue?

Vaping increases the risk of teens developing an addiction to nicotine. Vaping exposes children and teens to harmful metals and toxic chemicals found in e-cigarettes. A mysterious, vaping-related illness is on the rise: e-cigarette or vaping product use-associated lung injury (EVALI).

How do Vapes impact the environment?

Vape waste creates huge environmental issues: Increase in single-use plastics. Increase in plastic pollution. Increase in tech waste from vape parts, including lithium-ion batteries. Introduction of toxic chemicals into the environment when discarded.

Who is in charge of regulating Vapes?

Products marketed for therapeutic purposes (for example, marketed as a product to help people quit smoking) are regulated by FDA's Center for Drug Evaluation and Research (CDER).

Is vaping regulated in UK?

The TRPR introduced rules which ensure: minimum standards for the safety and quality of all e-cigarettes and refill containers (otherwise known as e-liquids) that information is provided to consumers so that they can make informed choices. an environment that protects children from starting to use these products.

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:

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.

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.

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.

What is FDA's oversight of end products?

FDA’s oversight of these products is a top priority for the agency. This ongoing work includes investing in more science to address the unanswered questions about ENDS, developing guidances and regulations, educating industry and the public, and aggressively enforcing the law — all of which have had a wide-ranging impact on the manufacturing, marketing, and selling of ENDS. CTP’s work is constant in its effort to keep these products out of the hands of kids.

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.

Is it legal to sell e-cigs to anyone under 18?

Regulations must minimize individual harms while ensuring e-cigs are not sold or marketed to anyone under 18. Product standards can ensure quality controls, safe handling and accurate labeling, and child-resistant packaging. Comprehensive nicotine regulation is required to maximize benefits: fast track approval of use for harm reduction and smoking cessation to replace lethal cigarettes. Post-market surveillance should aggressively monitor unintended consequences and drive public education/ enforcement to counteract misleading beliefs and behaviors that slow rather than accelerate e-cigs’ beneficial impact.

Can you sell e-cigs to minors?

In addition, use of e-cigs should be prohibited in indoor and outdoor public places where cigarettes are prohibited, and they should not be sold to minors unless prescribed by a health care provider.

Do e-cigarettes have to be approved by the FDA?

For example, e-cig manufacturers should be required to register with the FDA, provide ingredient information and obtain approval for new products . The FDA should also establish product standards, quality controls for manufacturing, contaminant limits and labeling requirements. The American Heart Association has also asked the FDA to require childproof packaging, restrict marketing to children, prohibit sales to youth and ban the use of candy and fruit flavors.

Do e-cigarettes come from smoking?

It is my understanding that most e-cigs users come from a history of cigarette smoking, rather than adopting e-cigs directly. If ex-smokers have been using tobacco products happily before, why would they now be so bothered about using something which tastes radically different? I managed to move successfully from smoking cigarettes to vaping, and one thing I definitely needed was a decent reproduction of the taste of tobacco. I am interested in finding out therefore whether a choice of different flavours has been a major factor for people moving from smoking to vaping, or just an added incentive. I would also like to find out whether the range of flavours available entices non-smokers to take up vaping. Anyone know if there is any research available on this ?

Do e-cigarettes reduce harm?

P ublic health excitement around e-cigarettes rests on their potential to significantly reduce harm compared to cigarettes. If the evidence does eventually show net benefits at the population level—i.e., that cigarette smokers will switch completely to e-cigs, that they do not lead to youth uptake of cigarettes and that any harm (both from using and from being exposed to someone using) is negligible—then we can consider marketing these products aggressively.

When will the e-cigarettes regulation be implemented?

A federal judge overturned that decision and ordered the agency to move up implementation to next year, but industry groups are appealing the ruling.

What is Yan Dichev's e-cigarette called?

Yan Dichev started using a kind of e-cigarette called box mods six years ago, as a high school sophomore in Georgia. They contained little to no nicotine, and he figured they were safe.

When did Obama sign the Family Smoking Prevention and Tobacco Control Act?

When President Obama signed the Family Smoking Prevention and Tobacco Control Act in 2009, it gave government regulators an important new weapon in its battle against Big Tobacco.

Does Juul Labs sell fruit flavored cigarettes?

Juul Labs has taken steps to address the criticism, promising to stop advertising in the U.S., and refrain from selling the fruit-flavored products that appeal to teenagers. It also says it will no longer lobby the Trump administration over a recent proposal to bar flavored e-cigarettes altogether.

Do e-cigarettes help smokers quit?

Scott Gottlieb, who headed the FDA when the decision was made, says some evidence exists that e-cigarettes may help smokers quit, and rushing to regulate too quickly may mean some beneficial products don't get on the market.

Is there a safety review for e-cigarettes?

"Today, nearly a decade after these products were first introduced, not a single e-cigarette has been reviewed for safety purposes, for addiction purposes, for youth abuse purposes or for efficacy in helping smokers quit," says Matthew Myers, president of the Campaign for Tobacco-Free Kids.

Is the government slow to regulate vaping?

As Vaping Soars, Government Lags In Regulating E-Cigarettes Even as the popularity of e-cigarettes like Juul has exploded — with unknown health risks — the federal government has been slow to regulate vaping companies.

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.

When did the e-cigarette industry become law?

The U.S. Food and Drug Administration (FDA) recently announced sweeping regulations of the e-cigarette industry, set to become law August 8. The new measures have been met with acclaim in the public health sphere, but criticism in other circles. Here are three reasons why the FDA got these regulations right.

What can we learn from the recent rash of e-cig explosions?

If we have learned anything from the recent rash of gruesome e-cig explosions, it is that their batteries are in dire need of stricter regulation.

Why should we applaud the FDA?

Instead of mourning the loss of vape companies or reflexively crying “Overreach!”, we should applaud the FDA for keeping these toxins away from our children, for preventing hundreds of grisly explosions, and for forcing this industry to prove the safety of its products before they hit the market.

Do middle schoolers smoke cigarettes?

So we have millions of middle and high schoolers getting hooked on nicotine, most of whom also smoke traditional cigarettes (or will). As noted by FDA tobacco czar Mitch Zeller, this stands in stark contrast to Europe, where youth vaping is much less common, making e-cigs less of a problem overall.

Do vapers smoke?

But as noted earlier, 70-75% of vapers also smoke. And vape companies have long taken a page out of Big Tobacco’s book and marketed their poison to children, resulting in lifelong nicotine addicts who would have never touched a cigarette otherwise.

Do e-cigarettes increase nicotine?

A recent study in Pediatrics suggests that instead of curbing or replacing nicotine use among adolescents, e-cigarettes increase it. The New York Times explains, "Many teenagers who never would have smoked cigarettes are now 'vaping' with flavored e-cigarettes, leading to a new generation using nicotine at rates not seen since the 1990s, a new study suggests."

Do e-cigarettes contain tobacco?

For all the talk of e-cigs not being a gateway to traditional cigarettes – and even being a way for people to quit smoking – the fact remains that 70-75% of people who vape also smoke. E-cigarettes may not contain tobacco, but they do contain nicotine: the most addictive component of any cigarette.

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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

  • 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 th…
See more on fda.gov

Utilizing Premarket Review Requirements

  • All deemed products, including ENDS products, became subject to the premarket authorization requirements in the Tobacco Control Act, effective Aug. 8, 2016. This means that any ENDS product, as well as any other tobacco product, that was not on the market as of Feb. 15, 2007, is a “new” tobacco product that must be authorized by FDA to be on the market. ENDS that were on t…
See more on fda.gov

Providing Data to Inform Premarket Applications

  • To receive marketing authorization of any new tobacco product, manufacturers must follow one of three pathways. FDA anticipates most manufacturers of ENDS are likely to submit their applications through the Premarket Tobacco Product Application (PMTA) pathway. Under the PMTA pathway, FDA evaluates a new tobacco product based on whether it is appropriate for th…
See more on fda.gov

Preventing Youth Tobacco Use Through Enforcement Actions, Policy and Education

  • The U.S. has seen a sharp increase in e-cigarette use among youth, and particularly teens. In response to the concerning prevalence of youth use of these products, FDA created its Youth Tobacco Prevention Plan, which focuses on three crucial areas to prevent youth use of tobacco products — especially e-cigarettes: 1. Preventing youth access to tobacco products 2. Curbing t…
See more on fda.gov

Continuing to Invest in More Science and Research

  • 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 r…
See more on fda.gov

safe, But How Much so?

Saving Lives

Affordable and Accessible Alternative

Not Enough Information

Marketing, Labelling, Regulation and Taxation

  • Human concurred, adding that South African legislation needed to resolve four critical areas in; marketing, labelling, regulation and taxation. For example, while there was consensus that vaping should not target children or non-smokers. "Guidelines should not prevent vaping from becoming an attractive and effective alternative to the smoking of to...
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