The coronavirus (COVID-19) pandemic has changed the vaping industry as we know it. While some individuals are still trying to conflate COVID-19 with vaping, there is some positive news. The federal government has agreed to delay the implementation of PMTA until September 9. The FDA has appealed to the federal court for a 120-day extension of PMTA, which was originally going to take place on May 12, on March 30. On April 22, the U.S. Circuit Court of Appeals for the Fourth Circuit granted the extension, moving PMTA from May 12 to September 9 amidst the COVID-19 pandemic.
Flavor bans are still in effect in various states and localities. However, this is a victory for the vaping industry. Tobacco and vaping manufacturers will have to submit PMTAs for eJuices and hardware by September 9 to allow their products to remain on the market while the FDA reviews them. Some major tobacco companies and vaping manufacturers have been prepared to submit PMTAs, although this reprieve may change how others may approach PMTA in the coming months.
There are a lot of questions surrounding the vaping industry. What exactly does this mean for the industry? Will changes be made before the new PMTA deadline of September 9? Like many other things, we’re left asking more and more questions. Thankfully, the eLiquid.com team is here to help keep you abreast of current industry news.
What This Means For Vapers and the Vaping Industry
This is obviously good news for the vaping industry and vapers in general. However, we strongly suggest you continue to take action and advocate for your access to flavors and alternative nicotine products. This is also an election year so make sure your voice is heard!
The American Vaping Association (AVA) states that while the ideal results were not achieved. However, AVA president Gregory Conley was optimistic about the potential for dialogue with the Department of Health and Human Services. “While we would have preferred there be no new flavor restrictions, in the end, we not only managed to protect open systems, but opened a vital dialogue with Health & Human Services officials about streamlining the FDA’s pre-market review process,” he said. Conley also implied that the delay may indicate changes for PMTA, although that is not known at the time of this writing.
Chris Howard, who serves as vice president, general counsel, and chief compliance officer for E-Alternative Solutions in Jacksonville, Florida, was optimistic about the PMTA delay. He also added, “C-store retailers would have more time to assess which manufacturers are planning to submit PMTAs for their products. They should be seeking for manufacturers to provide evidence of submission prior to Sept. 9.”
Conley admitted that there may be more flavor ban proposals at the state level. “At the state level, we are likely to see flavor ban bills introduced in at least 25 states with Democrats attempting to paint the Trump Administration’s final policy as a gift to the e-cigarette industry,” he said.
What do you think about the delay to PMTA? Are you going to be taking action to ensure your access to flavors? Let us know in the comments below!
