Over the past five years, the Food and Drug Administration has given itself expansive authority over e-cigarettes and vaping products. It went too far.
In recent months, the FDA has come under fire for its handling of the e-cigarette industry. Last year, they made vaping manufacturers shell out hundreds of thousands of dollars for “premarket tobacco applications” (PMTAs), which weren’t cheap.
The FDA wanted unchecked authority over the e-cigarette industry. It got it. It then proceeded to institute a confusing, onerous process that was procedurally unfair. Now it’s rightfully being held accountable for its bungled power grab.
In 2009, Congress enacted the Family Smoking Prevention and Tobacco Control Act, which prohibited manufacturers from selling any “new tobacco product” without proper authorization. In 2016, the FDA finalized a rule, otherwise known as the “Deeming Rule,” that put e-liquids, e-cigarettes, vaping devices, and other electronic nicotine delivery systems (ENDS) under its purview.
Rachel Chiu – International Policy Digest – 2021-11-18.