FDA Proposals for E-Cigarette Regulations: The Good News Outshines the Bad

Last updated on January 24th, 2023


The FDA Has Released Proposed E-Cigarette Regulations and the News is Good

Health Study Report

E-cigarette companies, vapers, agenda-minded politicians and anyone concerned with e-cigarette safety and tobacco harm reduction have been anxiously awaiting FDA regulations for years. On April 24th, 2014 the FDA released a 241 page document outlining their proposals for regulating all tobacco products including cigars, pipe tobacco and electronic cigarettes.

What should be noted is that these are “proposed” regulations that can change before they go into effect in about two years. That said, the current proposals are for the most part favorable for e-cigarette manufacturers, suppliers and for the millions of vapers across America. 

Here’s the Best News About the FDA E-Cigarette Proposals

Vapers and most e-cigarette companies can breathe a bit easier as the most feared regulations have not been prescribed. Proposed regulations will not ban on-line sales of e-cigarettes, will not outlaw e-juice flavors and ecig advertising can continue without restrictions.

For the FDA to restrict the use of flavors, or the marketing of those flavors, they would have to prove they pose a health risk to adults and/or young people. To date that has NOT been scientifically proven.

Similarly, the ruling states that there will be no restrictions to the size of e-liquid bottles nor nicotine levels as was proposed earlier this year by the European Parliament. 

UPDATE! 2020

Due to recent regulations on closed pod vape systems, beginning on or about Feb. 1st, 2020 and until further notice, the only closed system pod flavors for all pre-filled pod systems will be tobacco and menthol.

A Wake-Up Call for Anti-Ecig Protagonists

If you think the anti-ecigarette demons will crawl away with their pointed tails between their legs, forget it. The public (including lobbyist and other political factions) will have 75 days to comment on the proposal, but the agency makes it pretty clear that non-factual counter-proposals will fall upon deaf ears.

In addition to this public invitation to comment on the proposals, the FDA has indicated that regulations will not go into effect until they receive and review further evidence from both current electronic cigarette companies and researchers as to their safety and effectiveness. 

Mitch Zeller, the director of the FDA's Center for Tobacco Products said,

When finalized (the proposal) would result in significant public health benefits, including through reducing sales to youth, helping to correct consumer misperceptions, preventing misleading health claims and preventing new products from entering the market without scientific review by FDA.

The Tough Road Ahead for E-Cig Suppliers and the FDA

After the FDA plows through the expected tsunami of responses and reports, they will issue finalized regulations. According to FDA estimates that process will take about two years. Until then, it’s business as usual except for the fact that the FDA now requires detailed product documentation from current and new e-cigarette product producers, which could hinder ecig innovation and crush smaller companies who find it too costly to comply. The proposal does invite small companies to submit their concerns and to request viable solutions to this problem. 


Here’s the rundown on what the FDA proposes.

1- Ecigarette and tobacco companies must comply with new age and identification rules that restrict the sale of e-cigarettes to Americans over the age of 21. 

2- Health warnings pertaining only to the potential for addiction to nicotine must be listed on e-cigarette packaging and in advertising.

3- E-cigarette and e-liquid manufacturers would be required to disclose the ingredients in their products. The FDA can inspect products and facilities.

4- E-Cigarette advertising can continue without limitations.

5- E-Cigarette flavors will not be restricted including the sale of fruit or candy flavored e-cigarettes and e-liquids, but may be restricted on closed pod systems. Disposables, refillable vape pods, ejuices and open tank devices not impacted by new federal regulations.

6- E-Cigarette accessories including vaporizors, clearomizers, tanks, batteries and other items that do not contain nicotine are still to be considered as tobacco products and are subject to the proposed regulations and to the FDA’s review. 

7- There are no proposed restrictions on the size of eliquid bottles.

8- E-cigarettes may not be sold in public vending machines unless the establishment is a facility where the retailer ensures that individuals under 18 years of age are prohibited from entering at any time.

9- E-Cigarette on-line sales can continue.

10- ECig companies must not make direct or implied health claims of reduced risk.

11- E-Cigarette companies cannot offer free samples. 

The Future of the Electronic Cigarette Industry 

We at ecigarettenews feel the positive will win over the negative. The promotion of Health improvement will win over the fear of Disease.

The Facts Will Destroy the Fallacies. 

True scientific reports demonstrating the health benefits of electronic cigarettes will be formally submitted to the FDA, (although they are already quite aware of them).

We predict the groundbreaking study by Dr. Igor Burstyn on the benign effects of nicotine and second-hand vapor and the recent study by Dr. Konstantinos E. Farsalinos of over nineteen thousand consumers who reduced smoking consumption from 20 to 4 cigarettes per day without any dangerous side effects, will be recognized worldwide.

The American Council on Science and Health’s Dr. Gil Ross had this brilliant comment after reviewing Dr. Farsalino’s report: 

This is another brick in what I am certain will soon be a very large wall of data supporting what I have believed obvious for a while: e-cigarettes will provide a major improvement for addicted adult (and teen) smokers seeking an escape from smoking’s grip. The components of e-cigs are insufficiently toxic to render harm unto anyone, ex-smoker, bystander, whoever, while supplying the chemical and behavioral input to allow smokers to quit with more ease than the highly ineffective, FDA-approved products. …..By this year’s end, those ‘public health experts’ who continue to rail against e-cigs and issue dire warnings to smokers not to try them, will seem foolish at best and vilely corrupt at worst. The problem then will be to revoke all the inane bans and restrictions thrown up ‘in the interest of public health’ or ‘to protect our children.’ Protect our cigarette tax receipts is the more honest basis for these, as someday will be known.


What do you think? Will the proposal help or hinder the electronic cigarette industry? Your comments are welcome.

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