Recently our founder and CEO Jason Weber wrote an article which was published in The Register Guard, a top Oregon newspaper headquartered in Eugene. The piece titled “FDA Rule Lets Big Tobacco Crush Vape Products” discusses the fact that some 5,500 Oregonians are expected to die from the effects of smoking within a year. Jason also details the cumbersome and complex regulations and processes that vape manufacturers must follow based on the expanded “deeming rule” which extended the FDA’s regulatory authority since February 15, 2007.

We have found that the majority of vapers don’t follow the battle surrounding vaping and the Federal government very closely. In fact, in our experience even many vape shop owners and industry manufacturers don’t put much effort into protecting and safeguarding the vaping industry of which they are a part of. Furthermore, even though vaping has been proven in study after study to be the most effective and safest stop smoking technology to come along since the smoking death epidemic was scientifically proven, the FDA has continued to make vaping the next evil that they are going to fight. Have you ever wondered why?

Family Smoking Prevention and Tobacco Control Act

To better understand what vaping is up against, it is first important to understand the legal foothold that is impacting the industry, current smokers and those who have made the switch to the safer alternative that is vaping. We will break down some of the important details on this legislation below in order to help you get a good picture of where we are now, then later we will cover the anticipated effects on not only the industry but you the vaper.

Understanding the Family Smoking Prevention and Tobacco Control Act:

Signed into law: June 22, 2009

Short description:  The law gives the FDA power to further regulate tobacco and requires new warning labels on tobacco advertising and packaging. The intent of the law was to further discourage smoking by minors and young adults. It banned flavored cigarettes and more importantly required tobacco companies to get FDA approval for new tobacco products.

Vaping related constraints: The so-called “deeming rule” of the law includes all new products that were “deemed” to be tobacco or tobacco related products since February 15, 2007. This included electronic nicotine delivery systems, known as e-cigarettes or vaporizers.

The Effects On Vaping

Under the new rules, vaping and e-cigarette related U.S. businesses have been required to jump through many hoops and also comply with substantial and cumbersome regulations. For example, vape products and eliquid manufacturers were required to file complex applications with the FDA for pre-approval of all new tobacco products, while existing cigarette brands are exempt from submitting an application and are allowed to be sold without changes to the products’ content.

Additionally, the act of federally deeming non-tobacco products as tobacco products has opened up Pandora’s box at the state level. This has opened the door for states across the country to easily sway legislators and the public that vaping and smoking are one in the same, or at least that vaping is just as hazardous and therefore has to be both regulated further while also being taxed excessively. We have seen this happening in Oregon with the recent 21 age law passed last year and the talk of taxation of vaping products at levels that would be absurd in any other industry.

Ironically this new proposed rule makes safer tobacco-free vape products more difficult to compete with far more hazardous cigarette products. Why? The application process that has been proposed would cost $300,000 per product and per product variation. The effects of this would certainly force most eliquid manufacturers out of business. Big Tobacco would easily be able to afford the expensive application process, while more than 95% of vaping industry businesses would not. Opening the door for big tobacco to destroy an entire industry overnight.

When you realize the threat of a stop smoking technology that is proven safe and far more effective than anything put out by big pharma, things become clear. When you understand that millions of smokers can now easily quit smoking and have a direct impact on the revenues that state and federal governments receive from big tobacco, you might start to see the motivation behind this. When you get the fact that big tobacco is losing their U.S. customer base at a record pace, and that they are diving into the e-cig space faster than a fly to you know what, you’re finally seeing through the smoke and mirrors. Vaping is a threat to two major American industries, and of course the addiction that our government has to their money from those industries.

A Dire Warning To Vapers

The point is this… without a change to the FDA’s new rule, millions of American consumers will be encouraged, if not forced to return to smoking. If vapor products are pushed into obscurity by the FDA, big tobacco, big pharma and overwhelming regulatory expense, the gains that have been made in providing real solutions for smokers will have been lost.

If you vape this should be something that is extremely troubling to you. In fact, if you vape and are not involved with the ongoing attacks on vaping, you should be. Join the American Vaping Association at and get involved with The Consumer Advocates for Smoke-free Alternatives Association (CASAA) at and make a difference for yourself and your future!



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