Vaping’s wild west days are nearly over. Soon, e-cigarettes will be illegal for minors to buy, and ingredients will have to pass FDA approval. The new rules take effect in August, and also apply to hookah and cigars.




The liquid used in e-cigarettes doesn’t include traditional cigarettes’ cancer causing ingredients, so vaping is often seen as a safer alternative to smoking. Most brands and flavors do include nicotine, though. Nicotine is harmful to fetuses and to children and teens, so vaping isn’t completely safe. Meanwhile, some flavoring ingredients in vaping liquid might be unsafe when inhaled, but there isn’t enough information yet to say for sure.


The new regulations are a logical extension of the Food and Drug Administration’s authority over cigarettes and chewing tobacco. Until recently, other nicotine-containing products weren’t included in the definition of tobacco products. Vape shop owners are understandably dismayed by the new rule, since vape pens and their liquids will now have to be approved by the agency. Applications may be prohibitively expensive for many manufacturers; Vox cites estimates ranging from “several hundred thousand dollars” to $1 million per application.

Here’s how the FDA summarizes the rule change:

The final rule will subject all manufacturers, importers and/or retailers of newly-regulated tobacco products to any applicable provisions related to tobacco products in the Federal Food, Drug, and Cosmetic Act and FDA regulations, including:

Registering manufacturing establishments and providing product listings to the FDA;



Reporting ingredients, and harmful and potentially harmful constituents;



Requiring premarket review and authorization of new tobacco products by the FDA;



Placing health warnings on product packages and advertisements; and



Not selling modified risk tobacco products (including those described as “light,” “low,” or “mild”) unless authorized by the FDA.

In addition, there are several provisions aimed at restricting youth access to tobacco products, including: Not allowing products to be sold to persons under the age of 18 years (both in-person and online);



Requiring age verification by photo ID;



Not allowing the selling of tobacco products in vending machines (unless in an adult-only facility); and



Not allowing the distribution of free samples.

Today’s historic rule serves as the foundation for future FDA regulations.

Meanwhile, a British group recently announced that in their opinion, e-cigarettes are a safe way to help people stop smoking. The FDA’s “tobacco czar,” speaking to Vox, says the difference in attitude is partly because here, unlike in the UK, vaping has caught on among teenagers.

Extending Authority to All Tobacco Products, Including E-Cigarettes, Cigars, and Hookah | FDA

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