The vaping industry is not a burgeoning industry that is cautiously traversing its new niche – it is a multi-billion dollar behemoth of an enterprise that is attracting celebrities and investors. With that comes control laws, with some of the legislation being reasonable and some being akin to totalitarianism. This is how the FDA is trying to wring out the industry's creative process, and the politicians that are pushing back.
In May 2016, the FDA set out its final rules when it comes to controlling the manufacturing and sale of e-liquids, e-cigarettes, and vaping products. Even though most of the legislation put forth by the FDA are enactments that make sense - like labels, safety caps for children, and quality control of e-cigarettes – some of the legislation is akin to a foreign tyrannical force that is trying to squeeze out any kind of creativity and innovation within the industry. The Premarket Tobacco Application is a lengthy, time-consuming process that has been required for burgeoning vaping companies. It is pushing out companies that want to take a piece of the pie, and catapult those who have the funds to survive; inadvertently creating monopolies.
There are many predictions when it comes to the FDA intersecting with the vaping industry. Prices are projected to increase since the Premarket Tobacco Application requires about 1500 inspecting hours per product – that is 1500 hours for every single flavor and nicotine level. Not only is this a lengthy process, but it will cost money that will most likely reflect on the final cost of goods. Naturally, the girth of selections will taper off due to the hours required for each product. Many companies cannot justify thousands of hours for each product and the considerable fines associated with them. Smaller companies that have struggled to stay afloat will eventually die off, with the FDA and its Premarket Tobacco Application delivering the final blow. However, an unlikely ally has stood up to the tyranny of the FDA in the form of an Indiana lawmaker.
Sen. Ron Alting To The Rescue?
Sen. Ron Alting has noted that the FDA has exceeded its limits. Instead of safely monitoring an "unregulated" industry, it has started to create monopolies. Indiana legislation has come under fire from leaders in the vaping industry and vaping enthusiasts due to the FDA strict security regulations and hushed deadlines for permits to allow companies to produce more e-liquids and vaping products. The deadline set forth by the Alcohol and Tobacco Commission recently passed, with only seven permits being approved. Sen. Ron Alting has noted that "this has to be fixed quick." He and other senators have noted that recent Indiana laws were made to establish safety protections for the public, but if they find that it has created unfair disruptions, then they will reevaluate the laws.
Even though the deadline has passed and many vaping companies will most likely shut down, unexpected permit approvals, several court hearings, and now legislators and politicians that are on the side of the vaping industry leave legislation in Indiana in limbo. Here's to hoping that things finally slant for the vaping industry.