What Did I Just Read?
Earlier this week the FDA responded to several of the lawsuits that were filed against them. One question that e-liquid manufacturers are scrambling to figure out is if nicotine-free e-liquid is still considered tobacco. Nicopure, LLC argues in their lawsuit that subjecting 0mg e-liquid to be considered a tobacco would be completely unfair, illogical and illegal. The FDA's response was"e-liquids marketed as 'nicotine-free' may properly be considered tobacco products—or components or parts thereof—under certain circumstances."
What Are The Circumstances?
The FDA is saying that they've found E-liquids claiming to be nicotine free that actually contain high levels of nicotine. If thats true, I'd sure love to meet the manufacturer responsible for dropping the ball there. The FDA also stated that "Others [e-liquids] are tobacco flavored, and are thus 'made or derived from tobacco' regardless of their nicotine content." Huh? Ok I think I get it now.
If I Only Make E-Liquid That Has No Nicotine and No Flavors Derived From Tobacco I'm Good Right?
Wrong! The FDA covered all the bases in the deeming regs by not requiring the presence of nicotine or a derivative of tobacco in e-liquid to be labeled as a "tobacco product". In other words, if Banzai Vapors, wants to sell you an banana we would still have to file for PMTA's spending upwards of $2 million dollars only to receive our application back labeling said banana as a tobacco product. It's vague blanket statements like this that are going to tear this entire industry to the ground. The deeming regs are full of muddy rules and unclear guidelines built on bad science. The only clarity we can gather from all of this is that public health is taking a back seat to loose policies.
We would love to hear how this affects you. Are you a 0mg vaper or someone who works in the vape industry? Drop us a line below and tell us your thoughts.