But the future of vejp shoppers still under threat
There will be no national ban on flavoured e-juice in the US, despite Donald Trump's favourable comments. This is now announced by Food and Drug Administration (FDA) chief Ned Sharpless, according to the Huffington Post.
"We will make use of the laws we have that will be implemented in 2020" says Ned Sharpless.
The laws he is talking about mean that manufacturers of vejp products more or less have to prove themselves that the products they sell do not harm public health. This is done by submitting an application (a PMTA - pre-market approval) to the FDA. Through a long process, the FDA then decides whether or not the company can sell the product. Companies must apply for authorisation for all products, including e-juice, that have been on the market since 2016. And it will be expensive, very expensive.
To date, only one product has made it through a two-year process and been authorised. It is IQOS - a heat-not-burn tobacco product sold by tobacco giant Philip Morris. Criticism of the new laws is clear, at least from the smaller companies producing vejp products (in particular e-juice)
"Unless the FDA's regulatory system is changed, no one but the very largest tobacco companies will be able to get a new product approved," said Gregory Conley, American Vape Association in a statement.
Unreasonable rules for e-cigarettes
According to many observers, the FDA's legislation will effectively stop nearly 90 per cent of manufacturers from selling their current products. As recently as August this year, one of the country's major trade organisations made the choice, VTA, to sue the FDA for what they call "unreasonable regulations and application process". At the same time, the organisation argues that the deadline for implementing the rules has changed so many times that it is impossible for small and medium-sized companies to submit their applications.
So for the more than 40,000 vejp shoppers in the US, the situation remains uncertain. If the laws were to come into force today, it would essentially mean the same as a ban on selling flavoured e-juice.
It is not yet clear how the temporary local bans in different states will be affected by the FDA's clarification. However, two New York-based companies have taken legal action to have the decision banning the sale of flavoured e-juice overturned, writes VTA in a press release
