Vaping FAQs

how vaping should be regulated

by Noemi Weissnat Published 1 year ago Updated 1 year ago
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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

What does the FDA do to regulate tobacco products?

Why is tobacco important to the economy?

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

What is federal guidance?

Is methamphetamine illegal?

Is cigarette tobacco a TCA?

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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 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).

What did the FDA say about vaping?

There are no safe tobacco products, including ENDS. In addition to exposing people to risks of tobacco-related disease and death, FDA has received reports from the public about safety problems associated with vaping products including: Overheating, fires, and explosions. Lung injuries.

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.

Is vaping worse than smoking?

1: Vaping is less harmful than smoking, but it's still not safe. E-cigarettes heat nicotine (extracted from tobacco), flavorings and other chemicals to create an aerosol that you inhale. Regular tobacco cigarettes contain 7,000 chemicals, many of which are toxic.

Are vape products 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.

Do Vapes have to be FDA approved?

All electronic nicotine delivery systems, or ENDS products, including those made by JUUL, are required by law to have FDA authorization to be legally marketed. The stay and the agency's review does not constitute authorization to market, sell, or ship JUUL products.

What is the future of vaping?

Vaping & the Environment It's safe to say that we can expect even more impressive advancements in vaping technology over the next five years. Mods will become more powerful, tanks will become more efficient, and flavors will become more realistic.

Why did FDA ban Juul?

The FDA's denial didn't focus on any of those very public mistakes. Instead, the agency ordered Juul off the market because “insufficient and conflicting data” raised concerns about genetic damage and chemicals leaching out of Juul's e-liquid pods.

What vape products did the FDA ban?

Voters largely in favor of vape bans Last week, the FDA banned Juul from selling any of its vaping products in the United States, including tobacco-flavored cartridges, citing insufficient health and safety data.

Does the FDA regulate nicotine?

A new federal law gives FDA the authority to regulate tobacco products containing nicotine from any source. This law took effect April 14, 2022, and after July 13, 2022, any new non-tobacco nicotine (NTN) product that has not received premarket authorization from FDA cannot be legally marketed.

Can the FDA regulate synthetic nicotine?

In March, Congress passed an important new federal law clarifying FDA's authority to regulate tobacco products containing nicotine from any source, including synthetic nicotine.

When did the FDA start regulating e-cigarettes?

2016Starting 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.

What vape brands are FDA approved?

Other products authorized by the FDA include the Vuse Solo, Vuse Ciro, Vuse Vibe, Logic Pro, and the Logic Power.

Why the FDA needs to regulate e-cigarettes now - Truth Initiative

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.

Federal, State and Workplace Laws for Vaping at Work | Lawyers.com

In most of the country, workplace smoking is either banned or highly regulated by state law. In states where smoking is permitted at work, it is often limited to a designated area of the work premises and may be illegal within a certain distance of the workplace’s entrances and exits.

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.

What are the measures to prevent vaping?

We support new measures to prevent youth vaping, including: limiting flavours; requiring warning labels and ingredient listings; and enforcing stricter penalties for sales to minors as well as restrictions on advertising and promotion.

Who is the tobacco executive who says vaping products are different and require different laws?

Tobacco researcher Robert Schwartz argues strict measures are needed to protect the public, while tobacco executive Peter J. Luongo says vaping products are different and require different laws. The question of whether vaping products should be regulated in the same way as cigarettes begs the question of how well we regulate cigarettes.

How can innovation help smokers?

Innovation can help current adult smokers by switching them from cigarettes to better technology substantiated by science, such as vaping or heating.

What are the steps to curb the vaping epidemic?

Immediate steps to help curb this epidemic must include: prohibition of advertising and promotion,s as is done for cigarettes; restriction of flavoured e-cigarette products so that youth are not attracted to vaping; limits on nicotine concentrations; requiring buyers of both vaping and tobacco products to be 21.

How much does smoking cost in Canada?

We know that it causes cancer, heart disease, stroke, lung diseases, COPD and diabetes. We know that it costs Canada about $18.7 billion each year, including $6.4 billion in health-care costs. We know enough for governments to act.

How many Canadians smoke?

Robert Schwartz is the executive director of the Ontario Tobacco Research Unit and a professor at the Dalla Lana School of Public Health. Today, nearly 5 million Canadians smoke. That means even if you are not a smoker yourself, chances are someone you know, love or work with is a smoker.

Which health service is encouraging smokers to switch to e-cigarettes?

In fact, England’s National Health Service, Department of Health and Social Care, and National Institute for Health Care Excellence have joined Public Health England in “encouraging smokers of conventional cigarettes to switch to e-cigarettes.”.

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.

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.

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.

Are You a Manufacturer of E-Cigarettes, Vapes, or other ENDS?

FDA regulates the manufacture, import, packaging, labeling, advertising, promotion, sale, and distribution of ENDS, including components and parts of ENDS but excluding accessories.

Are You Looking for General Health and Safety Information Related to E-Cigarettes, Vapes, or Other ENDS?

The longer ENDS and other e-cigarettes are on the market, the more information we know about their impacts on health. This includes data on youth use of these products, which has led to development of several educational programs designed to prevent adolescents and teens from using these products. Through tobacco product problem reports and tobacco product violation reports, the FDA also knows much more about many safety and health hazards they may pose.

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.

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.

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.”

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.

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.

What is federal guidance?

Guidances are nonbinding recommendations that describe tactical approaches to implementing a law as interpreted within the context of the rules.

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.

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Restricting Youth Access to Ends

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On the deeming effective date of Aug. 8, 2016, it became immediately illegal to sell e-cigarettes and other ENDS to people younger than 18. Retailers also became legally responsible for requiring age verification by photo ID for individuals under 27 to purchase a tobacco product. Several other provisions of the Tobacco Control A…
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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 as to make sure these entitie…
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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…
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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…
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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…
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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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