The electronic cigarette industry vaped a sigh of relief after a Monday night announcement by the Trump administration, which stated that some of last year’s FDA deeming rules were placed on hold. The announcement came after the Cole-Bishop Amendment was unceremoniously cut from this month’s spending proposal, and other efforts to reframe vapor legislation fell flat.

Scott Gottlieb, who was recently nominated to head the FDA, and others in support of postponing the legislation recommended assessing the new deeming rules and how they might impact public health prior to their implementation.

What It Means for Vapor Companies

A looming deadline of August 8th was on the calendars for e-cigarette manufacturers to submit detailed ingredient lists for all of their products to the FDA. This process was cumbersome and difficult, given that many of these manufacturers produce hundreds of different flavors of e-juice at a time.

Now, this deadline has been postponed by at least three months as the HHS continues to evaluate several legal cases relating to the issue as well as the overall health effects of the products in question.

While the delay isn’t a total victory, it is significant lawmakers are paying attention to the concerns of their constituents and that this new technology may have the chance to be regulated according to its own specifications. 

What Isn’t Changing

Ultimately, this announcement is merely a delay on one set of deadlines for the vapor industry. Many of the 2016 deeming rules are still in place. Vape shops are still banned from handing out free samples, and the sale of vapor products to anyone under the age of 18 remains prohibited.

Although additional assessments of vapor products are being made, the future of the industry remains unclear. On the other side of the aisle, those against vaping argue that there is a conflict of interest between Gottlieb and the ruling, given his relationship with the vape manufacturer Kure. Anti-vaping groups contend that this delay leaves consumers with less information about what they are consuming.

In the meantime, although e-liquid manufacturers may take the extra time to rally support for their cause, they are still advised to get their paperwork in order to submit ingredient lists by the new deadline.