Sen. Johnson Sends Warning to FDA That the GOP Will Overturn Vape Regulations

The e-cigarette industry’s old friend Senator Ron Johnson, R-Wis., who was re-elected earlier this month sent the FDA another letter warning Commissioner Robert Califf that Trump’s Administration will likely overturn some, and possibly all of the regulations on vaping products that had gone into effect on August 8^th. Read more about the August 8^th FDA E-Cig Regulations

In his letter Senator Johnson advises the FDA that if they do not take any action to stop the regulations placed on vaping, the GOP under Trump’s presidency will likely do away with most if not all of the new rules, stating that there will be a “substantial likelihood that the incoming Administration and the 115^th Congress will unwind this burdensome regulation”.

Sen. Johnson’s statement to the FDA will definitely be cheered by thousands of small businesses all over the country, businesses that are currently facing the harsh reality of closing due to the high costs involved in meeting the requirements of the new regulations.

As they currently stand, the FDA’s new rules on the e-cigarette industry requires that any tobacco or nicotine product introduced to the market after February 15, 2007 be put through the Pre-Market Tobacco Application (PMTA) for approval; a regulatory review that would cost a retailer millions of dollars for each application with an application being required for each device, every e-juice flavor and nicotine level.

The cost to meet the requirements of the PMTA, Johnson wrote, “could eliminate an entire nascent industry…” an industry that is expected to pull in $2.5 billion dollars this year, according to Wells Fargo Securities analyst Bonnie Herzog.

The FDA had previously stated in a response to Johnson that after the implementation of their regulations they expect the number of e-cigarette retailers to drop to a range of 1,500 to 7,000 from the current numbers of 5,200 – 10,200.

But with a presidency under Trump, whom has promised to curb new regulations and who has also stated that he would get rid of two current regulations for every new regulation he introduces, there may just be a silver lining for the e-cigarette industry and the thousands of mom and pop vape shops across the United States.

Sen. Johnson feels that there is a great chance that Trump’s administration will overturn the FDA’s rulings and calls them out to cease and desist their regulations, in hopes that “the FDA will acknowledge the reality of the situation and ensure that small businesses and consumers do not continue to incur avoidable financial costs due to this regulation.”

Read Senator Ron Johnson’s letter in its entirety here.

Senator Johnson isn’t the only one who has high hopes for the vape industry under a GOP controlled Congress and White House. Gregory Conley, president of the American Vaping Association feels that with the re-election of Sen. Johnson and a presidency under Donald Trump, he is “hopeful that the new Congress will act to stop the FDA’s vaping rules from putting tens of thousands of Americans out of work.”