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The Vapor Technology Association (VTA) re-
cently addressed the FDA’s inaction on public
safety standards for vapor products, noting
that there continue to be reports of e-cigarette
batteries catching on fire. VTA National Leg-
islative Director Tony Abboud slammed the
FDA’s deeming regulations—which treat va-
por products as tobacco rather than the new
technology that they are—as wholly inade-
quate to protect adult consumers.
“Over the course of the past year, there
have been some highly publicized instances
of e-cigarette batteries catching on fire, put-
ting consumers at risk,” said Abboud. “This is
particularly disconcerting to those in the vapor
industry who strive to maintain the highest
level of product integrity and are focused on
driving technological innovations to make our
products the safest they can be.”
Abboud went on to note that while there
may be different explanations for these in-
stances, the FDA’s Deeming Regulation does
nothing to address this issue. “Even worse,
because the FDA’s Deeming Regulation sim-
plistically treats vapor products like tobacco
cigarettes, rather than the new technology that
they are, the FDA will continue to put adult
consumers at risk of harm or injury by what it
claims are ‘defective’ products,” he said.
As of August 8, 2016, not a single change
to any e-liquid, any device or device compo-
nent—including batteries, software, electrical
circuits, LED lights, or glass—can be made
without going through the FDA’s multi-year
bureaucratic pre-approval
tobacco
application
process, according to VTA. In other words,
no matter how important an innovation is to
product safety, consumer safety or, for that
matter, public safety, FDA will place that safety
innovation at the end of the incredibly long
line of applications for keeping existing prod-
ucts on the market.
VTA supports the Cole-Bishop Amendment
as a responsible way forward to protect consum-
ers against faulty products. The amendment,
which was included in the recent markup of the
Agriculture Appropriations bill, not only pro-
tects children by restricting youth marketing and
youth access to vapor products, but also provides
strict standards for product safety in order to
ensure the well-being of adult consumers. VTA
notes that the Cole-Bishop Amendment:
H
Forces FDA to do what it has failed to do
by requiring the implementation of new
rules on battery product standards within
12 months; and
H
Gives the federal government the ability
to enforce the law by requiring retailers
to register their establishments with FDA
(unless the retailer already is required to
register under a state law or federal law).
“The FDA has had ample opportunity to
address this issue, but has failed to do so,”
said Abboud. “In stark contrast, members of
the Vapor Technology Association have been
active across the globe in developing interna-
tional product standards that protect children
and ensure the safety and integrity of vaping
products used by adult consumers. The bot-
tom line is the FDA continues to put consum-
ers at risk from injury by battery explosion
or fire by locking in technologies that will be
antiquated in a short period of time and lock-
ing out the innovations that could perfect the
operation of vapor products. Cole-Bishop is
the responsible way forward.”
VTA Deems
Deeming Regs Lacking
The Cole-Bishop Amendment would force the agency
to implement battery product standards.
[ T O B O N L I N E . C O M ]
TOBACCO BUSINESS INTERNATIONAL
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