CSP Magazine

Could FDA Rules Really Snuff Out Vaping?

Vapers, beware. While the FDA’s new deeming rules will affect all tobacco categories to varying degrees, vaping runs the potential of being virtually eliminated, according to recently released statistics.

Most vaping products on the market today came out after the U.S. Food and Drug Administration’s (FDA) designated “predicate” release date, which means that any product put onto the market after Feb. 15, 2007, would have to undergo an onerous application and review process to stay in stores—a process that could cost a manufacturer anywhere from $170,000 to $500,000, according to estimates.

Pittsburgh-based Management Science Associates (MSA) gathered data from wholesale deliveries through July 2016 and found that the FDA rules will possibly affect 30% of total items within the tobacco category, but only 8% of volume going through c-stores.

So the good news is that most c-store tobacco volume will be largely unaffected by the deeming regulations, said Don Burke, senior vice president of MSA. Unfortunately, 49% of cigar volume and 100% of vapor volume will fall under new FDA scrutiny.


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