Vapors or e-cigarettes are pipes, or electronic devices in the form of cigarettes designed to provide substances like nicotine in the form of vapor. The product have gained immense popularity in the last few years and are being used by several people trying to quit smoking. E-cigarettes have been marketed as the less hazardous alternatives to tobacco cigarettes and more cost effective.
But, the lack of clinical research on the product has raised some question about its health effects from public health organizations. This has made FDA to take various steps in order to enforce regulations on manufacture and sales of e-cigarettes. These steps have been taken in the light to have more tobacco-free products and reduce the use of nicotine.
At the start of 2017, the vapor industry was expecting a downfall when the FDA was planning to regulate the use of e-cigarettes. There were also news of them trying to start a campaign that would inform the youth that using e-cigarettes is no different than using actual tobacco cigarettes and would make no difference for one trying to stop smoking. But, recent steps taken by the FDA have made the people of the vapor industry and people using e-cigarettes happier. Their new plan focuses on making the actual tobacco cigarettes less harmful as well as delaying any new regulations on the e-cigarettes.
State-wise regulations
All the states currently have a different set of policies on the e-cigarettes. Most of them ask for users to be at least 18 years old to be eligible to buy these products. These products also face a special tax like tobacco cigarettes in many states. Some of them even require the sellers to be registered and have a license in order to sell e-cigarettes. Here are the regulations offered by some of the states in the country.
Texas: The state defines e-cigarette and vapor as an electronic device that makes use of a mechanical heating element or battery to deliver vapor that may or may not contain nicotine. Neither does the state include them under tobacco products, nor does it have any special tax charged on them. People under 18 aren’t allowed to buy or possess vapors or e-cigarettes. People selling these products do not require a retail permit but must abide by a couple of reporting requirements to do so.
California: The state defines e-cigarette as a product meant to deliver nicotine in liquid or vapor form and categorizes it under tobacco products. The taxes levied on the e-cigarettes are the same as that of regular cigarettes and require a retail permit for its sales. The products must be sold in child resistant packaging and cannot be sold to anyone under 21 years of age. There’s also restrictions on its usage as one cannot smoke them in any areas that prohibits smoking.
Nevada: The state does not put any restrictions on the sale of e-cigarettes and does not induce any special taxes on the product as well. The only regulation is that the sale of the product to any individual under 18 years of age is prohibited.
Colorado: The state defines the e-cigarette as a device used to inject nicotine into one’s body through oral consumption. There are no special taxes levied on the products but is included under the tobacco section. Selling or buying of e-cigarettes for anyone under 18 years is strictly prohibited in the state.
Washington: The state requires one to have a retail permit in order to sell e-cigarettes. It also requires the containers to be child resistant and doesn’t allow its sale for anyone under 18 years of age. The free distribution of the product is also prohibited.
Recent regulations and policies by FDA
The lack of any knowledge in the manufacturing of e-cigarettes and vapors has many public health organizations confused about its usage and effects. Thus, all the regulations on these products have come out quite recently. FDA issued a final set of regulations these products by putting e-cigarettes under tobacco products. However, these regulations will be phased out over a period of several years and will not come to full force until August 2019.
The minimum sale and possession age of the e-cigarettes has been set as 18 years old and above in all states by the federal government. The sale and distribution of any free samples of the product has also been prohibited. In a fresh move, the companies making these products are still not being targeted and aren’t yet required to disclose any harmful constituents in the vapors till August 2019.
FDA also plans to launch a nationwide campaign in 2018 as the government is concerned about “evidence that youth exposure to nicotine affects the developing brain and may rewire it to be more susceptible to nicotine addiction in the future.” FDA has further said that “These efforts are part of the agency’s new comprehensive plan for tobacco and nicotine regulation, as well as ongoing efforts to educate youth about, and protect them from, the dangers associated with using all tobacco products.”
However, many of these regulations have been delayed or rolled back in August 2017 to work on the existing campaigns of nicotine-free cigarettes and other products. The agency earlier wanted the vapor manufacturing companies to submit their products for rigorous reviews to understand if they contained any harmful elements. This process was to be followed for any e-cigarettes that may have hit market post February 2007. As per the recent developments at the agency, the companies are required to submit their products by the end August 2022 for the reviews.
This has worked as a huge sigh of relief for the vapor industry who were earlier expecting a doom for the industry due to earlier imposed restrictions. Many states levy a special tax on the products and thus, make the e-cigarettes a slightly expensive product to sell as well. Thus, until further policies launched by the FDA, the regulations on e-cigarettes and vapor products have been kept to a bare minimum.
But, the agency has said that they will soon establish foundational rules and guidelines for the vapor products in order to regulate them better. They have also promised to make the review process smoother for the companies while keeping in regards the standards set by the public health commission. The FDA Commissioner Scott Gottlieb has issued a statement in this regard stating just how important e-cigs could be to save the life of the youth.
It is safe to assume that the condition for the e-cigarettes which are said to be ground breaking products for anti-smoking campaigns is only going to get better. The regulations have been rightfully minimized and will produce better results both for its manufacturers and its consumers over the years.
