As we speak, there are regulations pending for FDA, State mandates, Federal restrictions, and The Department of Health and Human Services. The legitimacy of regulating vaping will eliminate unethical behavior in the industry. Other reasoning however, have a lot to do with placing fees, taxes, and potential penalties on the industry.
The recent proposal of requiring any products released after 2007 to have FDA approval will greatly affect the vaping industry’s companies. This will cause companies to undergo the lengthy and expensive process of obtaining approval. The application fees alone will be a great burden to companies, likely resulting in higher prices on products. The Department of Health and Human Services has sought postponement on the FDA’s implementation of this 2007 Grandfather regulation until they have finalized their own regulations. Deciding to first identify the health risk associated with vaping before FDA approval processes are considered.
Many of the stigmas against vaping have been the result of illegitimate and unethical marketing practices, product development, or ingredients used by sketchy companies. Placing regulations on the industry will ensure quality products. It will also create a standard of care for customers. Violators of the regulations will be faced with penalties, deterring them from producing anything that falls below the standard of quality created by the new regulations. Furthermore, FDA requirements will ensure that all ingredients will be listed on the label creating a greater degree of responsibility on the companies, and communications with consumers.
Regulations will however, start to cause a great deal of complicated costs to transport the products across state lines. The interstate commerce will require adherence to both state and federal regulations and fees when violated. In addition, several states are lobbing for luxury taxes to be placed on vaping products. The industry adamantly disagrees with this potential tax, saying that it will erroneously place the products within the same category as alcohol and cigarettes. A large burden of expenses will surely arise with regulations, likely to result in cost to both the companies and the consumers.