FDA Regulations do not apply to Vape?

I am shaking with palpable excitement as I type… (could be the pot of coffee I drank, full disclosure)

This article from Bloomberg News, is giving us new found hope for the Industry at large. Let’s break down the key items and what they mean for all of us.

Kellyanne Conway is a Senior Counselor to the president and is considered staff, she made the following remarks at an informal press event.

“Speaking at the White House on Wednesday, Conway drew a line between two groups of flavors -- tobacco and menthol on one side, and mint, fruit and all other flavors on the other. The latter group appeals to kids and the White House must address use by minors, she said.”

Flavors are preferred by minors, this is what the Administration is concerned with. I think we all agree that we do not want youth to start vaping.

“She also said the Department of Health and Human Services has jurisdiction over e-cigarettesbut not over vaping and vape shops, though the terms are often used interchangeably. The Food and Drug Administration is expected to issue guidance on the policy this week.”

This is the first time I can recall distinctions being made by the Administration between E-Cigarettes (Blu, Puff, EPuffer Eco) and conventional vape. The big question is going to be Pod Devices. We are expecting the FDA regulations later this week and I am sure we’ll get the clarification.

“This is a burgeoning health crisis; the difference is between kids and adults,” she said. “So HHS and FDA have jurisdiction over cigarettes and e-cigarettes under the Tobacco Control Act. They do not have jurisdiction over vaping and vape shops, for example. So, if we’re talking about e-cigarettes, the president, yes, he’s been discussing this with his team and he will, or HHS, will make an announcement soon.”

This is the paragraph with the biggest impact for all of us. The FDA and HHS do not have regulatory authority over Vape or Vape Shops. This would imply that Vape Shops that are 18+ or 21+ could continue selling flavors, as the are an “adult” establishment.

While it is not a slam dunk win for us, it is a good indication of The Trump Administrations intent. From the way Conway spoke, It sounds like Trump is going to protect small business by limiting the scope of the FDA and HHS regulations to E-Cigarettes and Combustibles.

Check out the link to the original article below or Check the interview video below.

https://www.bloomberg.com/news/articles/2019-11-06/vaping-shops-likely-to-be-exempted-in-planned-fda-e-cig-curbs