The Vaping Industry Is One Step Closer to Killing off a Regulatory Threat

The vaping industry is breathing a sigh of relief (and, I mean, probably also some vapor) after a congressional committee passed an amendment that could bolster the industry against pending federal regulations.

A little backstory: the Food and Drug Administration is currently in the process of adding a bunch of products, including cigars and e-cigarettes, to its tobacco regulations. The official rules will be released later this year, but many in the vaping world have been worrying over a particular caveat of the proposed regulations the FDA released two years ago (which will likely be the framework for the final rules). It said that any product that wasn't on the market before February 15, 2007 would need to go through a lengthy, costly application process. Since the vaping industry isn't that old, basically every product came on the market after that date, aside from a handful of cig-a-like models released in the early days. And those in the industry claim the paperwork is so onerous and expensive, it would put most vape companies out of business.

On Tuesday, the House Committee on Appropriations approved an amendment to the Agriculture Bill that would change the date from February 15, 2007 to 30 days after whenever the FDA finally releases the regulations. This means vaping products that are currently on the market will still be subject to the FDA's rules, but those companies won't have to go bankrupt trying to get a bunch of paperwork done.

The amendment, brought forward by Congressmen Tom Cole (who has been ringing this bell for a while now) and Sanford Bishop, also included some language to deter the use of vape products by minors. It included requirements such as labels on vape products that read "keep out of reach of children," and "underage sale prohibited." It also bans the sale of vape products through vending machines and any advertising outside of "adult" publications. It passed 31-19.

There are a lot of concerns among legislators around the use of vaping among teens and young adults. E-cigarette use among high schoolers in the US is on the rise, and by some counts it's outpacing regular cigarettes. But at the same time, many vapers say the products have helped them kick their cigarette addiction, so finding a way to balance the two concerns—keeping the products available while not letting them get in the hands of teens—has been a delicate negotiation.

This is, of course, just the first step. The bill will need to pass the house and senate before the date will be changed, but vapers will surely be happy to hear that some politicians are starting to change their tune.