FDA Rolls Back Portions of August 8th Regulation
The FDA’s deeming rule, which took effect on August 8, 2016, brought e-liquids and vaping devices under federal tobacco regulation. Later, the FDA issued a ruling that rolled back certain portions of that sweeping package, and this post was our reaction the day after.
For background on the rule itself, see our look back at the FDA’s deeming regulations.
What we said at the time
The legal details were intricate, and we weren’t yet sure what the change would mean for vapers and the vaping industry. We were hopeful, though, that it signaled a new willingness at the FDA to take the public’s views into account as it decided the future of vaping in the United States.
Our advice was to take a moment for a cautious sigh of relief, then get back to work. We encouraged adult vapers across the US to contact their lawmakers and urge them to protect vapers and small vape businesses from rules that put a prohibitive financial burden on them.
Contacting your representatives
That part of the advice still holds. Your members of Congress and your state legislators write the laws that shape vaping rules, and they are there to hear from you.
- Look up your U.S. representative by ZIP code on house.gov.
- Most lawmakers have a contact form on their official website, so reaching out takes about as long as a social media post.
- Be brief, be polite, and say how a proposed rule would affect you.
For more ideas, read our tips for speaking up about vaping regulations.
Where things stand now
Every vaping product sold in the US now needs FDA premarket authorization through the PMTA process. The application deadline was September 2020, and many products are still under review. The federal minimum age for all tobacco and vaping products has been 21 since December 2019, and flavor rules vary by state and city and change often. For current federal rules, check the FDA’s tobacco products site.
WARNING: This product contains nicotine. Nicotine is an addictive chemical. For adults 21+ only.