Statement by SFATA (Smoke Free Alternatives Trade Association) on FDA Deeming Regulations Regarding Electronic Cigarettes and Vaporizing Products


WASHINGTON, DC--(Marketwired - Apr 24, 2014) - On behalf of the e-cigarette and vaporizing products industry, SFATA welcomes the FDA's announcement of its Deeming Regulations. We are still reviewing the document, which is substantial. Our preliminary reaction is as follows:

On access to minors: We are completely aligned with FDA and other groups who believe that electronic cigarettes and vaporizing products should not be accessible to children or teens, and we welcome a ban on access to anyone under 18.

On product quality standards and labeling: We support appropriate product regulations such as ingredient listing and industry wide labeling for vaporizing products but have concerns about any inordinately lengthy product registration or approval process implied by some of the language in the document. 

On flavors: Flavor options are important to the consumer experience. We continue to oppose any restriction on the availability of e-liquid; therefore, we support the proposal in the current FDA document, which does not call for flavor restriction.

Classification of e-cigarettes under the Tobacco Control Act: While we respect the FDA's position, the proposed regulations make clear the Agency's intent to regulate all products in the same way, including vaporization and e-cigarette products that contain nicotine.

While there is a need for appropriate and proportionate regulation of vaporizers and e-cigarettes, these products represent a new and unique category. They are technology products, not tobacco products. Trying to squeeze an innovative vapor product into a regulatory structure that was designed for traditional combustible and oral tobacco products is simply not appropriate.

As a new category of technology product, vaporizing products deserve a new and distinct set of regulations.

FDA has worked over three years to meet the regulatory challenges presented by this very new and technology-driven industry, while preserving and supporting the enormous potential for harm reduction it offers. We share that goal.

Yet, as its own document states, a different regulatory mechanism is needed for many of these products, which are technology and innovation-driven. We would like to work with both FDA and Congress to develop the appropriate regulatory framework for the category.

SFATA plans to educate and inform legislators and regulators of the challenges that the proposed regulations present to the future of this emerging product category and the adult consumers who enjoy vaping.

About SFATA
The Smoke Free Alternatives Trade Association is dedicated to the advocacy, education, and reputation of the electronic cigarette industry. As the largest trade association, with over 90 members companies, SFATA builds the networks necessary to support campaigning and research endeavors paramount to the future of the industry. For more information, visit SFATA.org, email info@sfata.org or call 218-22-SFATA.