The FDA Vape Regulations

May 16, 2017 3 min read

The FDA Vape Regulations

The FDA Vape Regulations 

By Nataly Komova

Welcome to our overview of FDA vape regulations. Prior to the FDA release of regulations pertaining to advertising around vaping and e-cigarettes small business owners were focused on getting the brand out there. Since the release of the regulations vape store owners have been wondering how this will impact their ability to advertise their products. This article will give you a rundown of the FDA’s stance on advertising as well as the dos and don’ts required of businesses.

Many vape shop owners believe that they should just wait it out to see what is to come of the new advertising regulations imposed by the FDA. This is not an advisable approach. Without being proactive in regards to advertising and the implementation of these regulations you may fall behind in comparison to other businesses which could lead to a business failure.

The vaping industry is rather saturated, as there are many small businesses involved in a small market. In terms of numbers, Norm Bour from Vape Mentors claimed in the start of 2015 that there were about 6,000 – 7,000 vape shops in the United States. If you include other shops that sell vapes like convenience stores or other speciality smoking shops, the numbers range closer to 35,000, and that was 2 years ago. It is also important to include those businesses that fall within the realm of online retail in those numbers. Due to the saturated market, businesses must keep abreast of the marketing trends in order to maintain a consistent flow of customers to their business. If you wait to see what will happen with the regulations, your business could be left behind.

The intent of the FDA regulations was intended to prevent youth from picking up the habit of vaping by limiting the amount of advertising that a business was able to complete. Most respectable retailers would agree with these rules, as they do not advocate for young people to begin vaping.

The issue that retailers have with the FDA regulations is that they do not do anything more to prevent youth from accessing vaping than was already being done in the industry. The FDA has made it nearly impossible for small businesses to remain functional due to the high cost of being compliant with the new regulations. The application to approve a tobacco product are so extreme that business owners will have to relinquish their savings in the hopes that their products will be approved.

The stringent regulations imply that as of August of this year all products that are currently on the market will come to a stand still in terms of sales, as they will need to be approved by the FDA before they can be legally sold. The cost associated with having products go through this process is upwards of 1 million dollars, which is out of reach for most small business owners. It is unfortunate that many businesses will simply have to close their doors due to these new regulations. Despite the fact that vapes can be used without tobacco, the FDA has chosen to implement these regulations in light of the failure to classify vapes as pharmaceutical devices. Regrettably, with fewer options on the market for vapers, those who have managed to quite smoking cigarettes may return to them, as they will no longer have any other reliable option.

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