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E Cig Industry Update – FDA Extends Public Comment Period to August 8

Date Posted: July 7, 2014

Just over two months ago, the FDA released proposed regulations that would extend its authority over tobacco products to include electronic cigarettes; introducing regulations to the e cig industry for the first time ever.

fda e cig regulationsAfter taking over three years to generate and publish their proposed deeming regulations, the FDA gave the public a mere 75 days to analyze the document and submit comments. In response, ecig consumers, public health officials and other stakeholders in the e cig industry flooded the docket with their input regarding e cigarettes and requests for an extension of the comment period.

Due to public outcry, the FDA extended the comment period by 30 days, making the new deadline August 8.

What can you do?

Share your thoughts on the proposed statutes by submitting your comment. The FDA has requested specific types of information from consumers and others involved in the ecig industry; including personal stories, relevant research, informed opinions and observations:

“FDA is seeking comments, including supporting research, facts, and other evidence, as to how e-cigarettes should be regulated based on the continuum of nicotine-delivering products and the potential benefits associated with e-cigarettes.”

This is what the FDA is looking for in comment submissions:

“- Provide a clear statement of whether you support or oppose the proposed rule.

- Explain your suggested changes.

- Include data, research, and analysis that support your position. Include a copy of articles or other references.

- Refer to the docket number listed in the Federal Register notice [docket number is: No. FDA-2014-N-0189]”

You can also request another extension of the comment period…

Overview of the Proposal

Published to the Federal Register on April 25, 2014, the name of the proposed rule is a mouthful: “Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; Regulations on the Sale and Distribution of Tobacco Products and Required Warning Statements for Tobacco Products.” Try to say that three times fast.

The proposal, if passed without revision, would…

- Categorize e cigarettes as tobacco products
- Establish guidelines for e cig manufacturers, distributors and retailers
- Establish minimum age requirements for consumers wishing to purchase e cigarettes
- Prohibit the distribution of free samples of e-cig products
- Allow all flavor varieties to remain on the market
- Allow online sales

Do you support or oppose the proposed rule? What do you think about the FDA’s requests for comments?

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