It’s a tough time being a vaper. New federal and state restrictions will make it harder for them to buy and sell vaping products – both with and without nicotine, as the FDA’s enforcement efforts continue to crack down on illegal vape dealers.
Shipping is not easy
In late 2020, Congress passed new restrictions on USPS shipping tobacco products. The expanded law now includes vaping products. The Cigarette Trade Prevention Act (PACT), which came into effect in 2009, essentially states that the U.S. Post Office cannot deliver tobacco products directly to consumers.
In the 2020 bill, Congress amended the law, adding any “electronic nicotine delivery system,” defined as “any electronic device that delivers nicotine, aroma, or other substance via an aerosol solution to the inhaler user.” FDA-cleared therapeutics and treatment discontinuation tools are exempt as long as they are marketed for discontinuation only.
The private shipping companies FedEx and UPS have since introduced similar restrictions. FedEx does not accept deliveries of tobacco products. This even applies to business, regardless of license or authorization.
UPS introduced a new policy on April 5 that bans the delivery of tobacco products. The policies listed are more specific than FedEx’s. The vaping products do not have to contain tobacco or nicotine to be affected by the ban. It also states that such products are neither imported nor exported.
Violations of the law are punishable under civil and criminal law. The law was changed in 2010, among other reasons, because tobacco suppliers and customers used the internet for their transactions and circumvented federal record keeping and tax collection laws. The US e-cigarette and vape market was valued at $ 6.09 billion last year.
FDA action continues
The transition from the Trump to the Biden administration has not slowed the ongoing FDA raids on vape and e-cigarette stores. So far this year dozens of vape manufacturers and distributors have received warning letters from the Center for Tobacco Products. Many of the companies that have received letters are FDA registered manufacturers, some with thousands of other products that have passed the requirements.
The FDA regulates tobacco products under the Federal Food, Drug and Cosmetic Act and the Tobacco Control Act of 2009. It defines tobacco products as “any product made or made from tobacco that is intended for human consumption, including all components, parts or accessories of a tobacco product. “This means that both steamers and liquids are classified as tobacco products. The main purpose of the warnings is to add an unknown ingredient and not to represent what the product truthfully contains or can. In FDA parlance: adulterated and with a false brand Mistake.
According to the Federal Law on Food, Drugs and Cosmetics, products are “adulterated” because they have not been granted FDA approval for production and sale, and “mislabeled” because they do not contain any mandatory information about manufacture and content.
A mess of local rules
At the state and local level, change is also in motion – in several directions. Prospectively
Vapers and distributors need to keep an eye on new developments.
According to local reports, Florida is trying to raise the smoking and steam age to 21 years and regulate steam products separately from combustibles. Tennessee is also increasing the age to 21 years old, while Suffolk County, New York is considering an even bigger increase to 25 years.
Taste bans are being considered in Indiana and as part of a larger list of restrictions in Connecticut, while Nebraska recently passed an indoor vaping ban. South Carolina is enacting laws to remove regulatory power from municipalities and concentrate them at the state level.
Take them home
The FDA doesn’t offer anything new when it comes to safety information, but its regulations emphasize something that every consumer should remember: be careful about the sources you trust and take the time to make sure you know what You buy. In developing markets in particular, it is important to take these gray areas into account.
Sean Marsala is a Philadelphia, Pennsylvania-based health journalist. He loves technology, usually reads, surfs the internet, and explores virtual worlds.