The Trump Administration recognized an opportunity to save thousands of small businesses across Colorado. The president issued an executive order requiring federal agencies to identify burdensome regulations hindering economic recovery and propose modifications or waivers “for the purpose of promoting job creation and economic growth.” One Food and Drug Administration (FDA) regulation that must be on the list to alter per this executive order is the pre-market tobacco application (PMTA) that would destroy approximately 125 small vapor businesses, like mine, across Colorado.
We can all acknowledge that over-regulation can be the death knell for many small businesses. At no time in our history is that more evident than right now.
The gist of the regulation lumps small businesses in with big tobacco. Their incongruous approach falls under tobacco regulation although nearly no vapor products actually contain tobacco. Most, if not all, small vapor businesses view themselves as a safer alternative to big combustible tobacco. We are dedicated to getting adults off combustible tobacco and stopping youth access.
It is one thing for our industry to believe our products are safer, but we are not alone. First on the list is the FDA, the very government regulatory agency that lumps small vapor businesses in with big tobacco. They want to regulate vaping like tobacco but think vaping is a safer alternative for adults.
The FDA said they view “products like e-cigarettes and other novel forms of nicotine-delivery to provide a potentially less harmful alternative for currently addicted individual adult smokers” than combustible tobacco. The list of organizations echoing this notion includes the American Cancer Society, National Academy of Science, American Association of Public Health Physicians, Royal College of Physicians, British Medical Association, British Lung Foundation, and more.
Despite the FDA’s position, it still plans to enforce PMTA this fall. Unfortunately, the inconsistent and arbitrary regulation of PMTA compels vapor and e-liquid manufacturers to submit a new application for every nicotine product they want to continue selling. If any product does not submit a PMTA by the September deadline, it must be pulled from the market.
Amanda Wheeler – Colorado Politics | Opinion – July 15, 2020.