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EVCA Demands Action from the FDA

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Electronic Vaping Coalition of America urges FDA Commissioner to abandon “monumentally prohibitive” vaping regulation

(Washington, D.C.) – The Electronic Vaping Coalition of America (EVCA) has sent a letter to Dr. Scott Gottlieb, the Commissioner of the Food and Drug Administration, urging him to take action on the agency’s so-called tobacco “deeming” regulation. The rule, finalized in 2016, treats vaping products such as e-cigarettes as tobacco and subjects all products dating back to 2007 to an expensive, onerous pre-market approval process.

“With a price tag of up to $2.5 million per application for every single product already on store shelves, just to get the FDA’s blessing, there is absolutely no way the vaping industry can survive,” said Mark Block, EVCA founder and director. “On top of that, the agency has no measurable standards to go by. Government bureaucrats will essentially judge the safety of thousands of vaping products while blindfolded.”

EVCA cited a letter sent to the FDA in June by Iowa Attorney General Thomas Miller, and signed by a lengthy list of prominent scientists and policy makers:

“It is clear beyond reasonable doubt that vapor products present lower risks to nicotine users than smoking,” Miller wrote, adding that these safer vaping products face more regulations than dangerous traditional cigarettes. “The more risky cigarette products have been ‘grandfathered’ and thousands of cigarette brands are on widespread sale without ever having faced an approval process.”

EVCA agrees with Miller that there should be appropriate regulations to guide the use of vaping devices and liquids including those found in legislation sponsored by U.S. Rep. Duncan Hunter of California (HR 2194).

Miller’s letter also concurs with the findings of the Village of Heartland, Wisconsin Board of Trustees, that punishing the vaping industry further punishes local economies driven by vaping producers and smokers looking for an effective way to kick the habit.

EVCA asked Gottlieb to either abandon the monumentally prohibitive deeming regulations or at least delay their implementation pending a resolution through either legislation or litigation.

“This FDA overreach happened on the previous administration’s watch,” said Mark Block, EVCA founder and director. “Dr. Gottlieb has an opportunity to right a wrong perpetrated by his predecessors who placed money and special interests ahead of countless American lives.”

Below is the text of the letter:

July 17.17 EVCA Letter to Commissioner Gottlieb
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