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State of Vape: Surviving PMTA

September 03, 2020

State of Vape: Surviving PMTA

For those familiar with the Tobacco Control Act, vaping products have been deemed to fall under this act. While the deadline has been moved many times over the years, we know that September 9, 2020, is the new PMTA deadline, but as of this writing, there is still a lot of speculation as to how PMTA will be enforced. In addition, many brands have chosen to go through PMTA. 

What do we know? What will be coming up in the next few months? The eJuices.com team along with advocacy groups such as the Vapor Technology Association (VTA) and the Consumer Advocates for Smoke-Free Alternatives Association (CASAA) have gotten general and specific guidelines from the Food and Drug Administration (FDA).

DISCLAIMER: The information in this blog post is subject to change. We are keeping an eye on the PMTA situation and will update this post if any specific actions or guidance are introduced. All information in this blog post is current as of 9/3/20.

What We Know

As of this writing, we know that PMTA will be on September 9. Brands who wish to stay on the market will have to go through PMTA. While many brands have announced that they will undergo PMTA, the COVID-19 pandemic may have affected smaller vape manufacturers in their efforts to stay compliant with PMTA. CASAA in particular highlighted a citizen’s petition to delay PMTA to March 8, 2021.

An additional email from the VTA highlighted some specific enforcement actions that may be taken after PMTA. The FDA has said in an email to VTA President Tony Abboud that they will not extend the September 9 deadline , citing that it would “impede FDA’s critical public health priority to promptly require submission of premarket tobacco applications.” The FDA stated that they would prioritize enforcement decisions on a case-by-case basis. One of the specific enforcement actions that the FDA has outlined in their email is prioritizing enforcement based on the likelihood of youth use or initiation.

We have previously stated on eJuices.com that we support initiatives such as #No2Minors and T21, which prohibit the sale of vaping products to those under the age of 21. As of this writing, we have no information about specific brands or products that are being targeted for enforcement.

What You Can Do

The best way to survive PMTA is to continue to speak up for the vaping industry and share your experiences with vaping products with the FDA, your elected officials at the state and local level, and other regulatory bodies such as your state or local health department.

This is an election year, and with PMTA relatively close to Election Day, you should definitely make your voice heard. You can also take action through eJuices.com. We strongly encourage that you also contact your elected officials and request a statement on their stance on vaping.

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