The FDA’s Anti-competitive E-Cigarette Restrictions Are a Small Business Killer

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It seems that FDA is poised to regulate small-scale vape vendors out of the market—and leave smokers with fewer options to quit.

The FDA is putting small vape shops out of business.

The vaping industry is at an inflection point. The FDA was supposed to determine which e-cigarette products would remain on the market by September 9, a court-imposed deadline. It has already rendered decisions for many smaller companies, yet it’s requesting more time to evaluate Juul Labs, the biggest e-cigarette manufacturer in the United States. As this regulatory judgment day drags on, it seems to be a tale of two businesses: those with resources and capital, and those without.

In late August, the Food and Drug Administration (FDA) banned three businesses—JD Nova Group LLC, Great American Vapes, and VaporSalon—from selling their flavored e-cigarette and vape pens, effectively blocking the sale of 55,000 existing and planned products. The federal agency utilized an expensive and laborious application process, with metrics that made it virtually impossible for small- and mid-sized stores to get approved.

As the final decisions roll in, it seems that FDA is poised to regulate small-scale vape vendors out of the market—and leave smokers with fewer options to quit.

Read full article here.

Rachel Chiu – National Interest – 2021-09-12.

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