For vapers who may be wondering what is going on with the status of vaping products, here is a quick backstory. The Tobacco Control Act has authorized Congress to require that certain tobacco products file a premarket tobacco application (PMTA) before they can be sold in the marketplace. The FDA has deemed that vaping products fall under the Tobacco Control Act but allowed certain vaping products to remain on the market until the Food and Drug Administration (FDA) imposes a deadline. This deadline has moved multiple times over the years, but the current deadline is September 9, 2020.
There is still a lot of speculation as to what will happen with PMTA. The eLiquid.com team along with advocacy groups such as the Vapor Technology Association (VTA) and the Consumer Advocates for Smoke-Free Alternatives Association (CASAA) have gotten general and specific guidelines from the FDA.
DISCLAIMER: The information in this blog post is subject to change. We are keeping an eye on the PMTA situation and will update this post if any specific actions or guidance are introduced. All information in this blog post is current as of 9/3/20.
What we know right now
It is unknown to those in the vaping industry the exact details of the enforcement of PMTA. Many brands have elected to go through PMTA in some shape or form, either by sending all products through PMTA or only a selection of their products. The COVID-19 pandemic has affected smaller vape manufacturers in various ways to stay compliant with PMTA. CASAA has highlighted a citizen’s petition to delay PMTA until March 8, 2021.
The VTA has highlighted a few specific enforcement actions that might be taken after PMTA. In an email to VTA President Tony Abboud, the FDA hasrejected the request to extend the September 9 deadline. The FDA stated that this extension would “impede FDA’s critical public health priority to promptly require submission of premarket tobacco applications.” Some specific actions outlined in the email to the VTA include enforcement prioritization on a case-by-case basis. A specific enforcement action outlined in the communication included prioritizing enforcement also based on the likelihood of youth use or initiation.
The eLiquid.com team, in line with others in the vaping industry, support initiatives such as #No2Minors and T21, which prohibits the sale of vaping products to anyone under the age of 21. As of this writing, there is no information about specific brands or products being targeted for enforcement.
What you can do right now
You might be asking what actions you can take right now. This is an election year, so the best way to take action is to speak up for the vaping industry. You can share your experiences with the vaping industry, your elected officials at the state and local levels, as well as your local state or health department.
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