Matthew Myers, president of the Campaign for Tobacco-Free Kids, says the rule announced Thursday falls short in protecting children because it doesn’t restrict the use of sweet e-cigarette flavors such as gummy bear and cotton candy even though the FDA’s own data shows flavors play a big role in youth use.
Industry experts say treating e-cigarettes, which don’t contain tobacco, the same as cigarettes could lead to such onerous and costly approval that all but the largest tobacco companies would be forced out of the market — and possibly those companies too. Zeller says he expects consolidation in the number and type of products and vape shops.
The Tobacco Control Act requires the FDA to use science to weigh the potential benefits of e-cigarettes against any potential health risk, for both the individual users and the whole population, which Stier says would be all but impossible.
That could force e-cigarette smokers back to regular cigarettes, he says.
E-cigarettes help people trying to quit smoking, says Patricia Kovacevic, general counsel and chief compliance officer at e-cigarette manufacturer Nicopure. She and other e-cigarette advocates cited a Royal College of Physicians’ report last week that showed e-cigarettes’ benefits.
Since almost all vapor products on the market were released after February, 2007, hardly any will avoid a PMTA and almost no businesses, with the exception of big tobacco companies, will be able to bear the regulatory burden.According to the FDA’s own analysis, the costs of a PMTA are so high approximately 99 percent of products on the market won’t even be put through the process.“Our main concern is that these final deeming regs could realistically stifle innovation, which could dramatically slow industry growth by dis-incentivizing consumer conversion from combustible cigs,” says Herzog.
Step 1: Create onerous regulations that stifle innovation, remove effective products from the shelves, and consolidate industry leaving only Big Tobacco Standing. Ban any language suggesting any health benefits or that it may be an effect aid to smoking cessation.
Step 2: Use the fact that the only remaining ecigarette companies are tobacco companies as further proof that the products are part of a nefarious Big Tobacco plot.
Step 3: Regulate further. Use the fact that all ecigarette marketing is geared towards things other than health as evidence that it’s all about hooking non-smokers.
Step 4: Let Big Tobacco continue selling their crappy products, inducing few people to quit smoking.
Step 5: Point out that non-smokers are barely switching to ecigarettes anymore, and it’s all about young people. Double down by banning all flavoring except tobacco flavoring.
Step 6: Use the fact that ecigarettes are all manufactured to taste like real cigarettes as proof that it’s all a big gateway effort by Big Tobacco, which as we know are behind all of the (remaining) ecigarette companies.
Step 7: Declare victory, and allow those smokers that could not quit in a way sufficiently inspiring to die.
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