Enter the FDA

FDA commissioner Scott Gottlieb has asked all media outlets to announce the FDA’s decision with regard to e-cigarettes and vaping using e-juice products containing nicotine and that 1,300 retail stores will cease to market and sell e-cigarettes and similar products to minors across the nation. They have issued 1,300 warning letters mixed with 131 fines as well. The FDA is quoted as saying that this is “historic action”. I agree. I have never seen the FDA make a move like this against an industry so publicly in my lifetime since the invention and drama that was the diet soda craze of the early 1980’s. I do not remember very well since I was very young but from that arose litigation where once Ronald Reagan became president and talked to long time friend Donald Rumsfeld(Then the head of Searle, the company that created the additive aspartame, a key ingredient in diet sodas.) did action take place and all of a sudden Diet Soda was on the shelves having circumvented the then FDA’s authority and eventually replacing the FDA head with someone of similar tastes and likes as Rumsfeld himself...

Those were crazy times from what I remember. Now, we see similar “historic action” taking place in our current time. Can these two things be compared to though? I will let you argue that in your own minds. I am only reminded by the diet soda act because that was another instance where the FDA was so public on an issue at a national level but much louder this time with e-cigarettes and vaping! With respect to that and getting back on topic, there is such an anti vaping public relations push on what can be thought of as “The Juul craze” . With regards to this action from the FDA there is a lot and I mean a lot of reference to Juul the company! Why Juul? There are many e-cigarette and e-juice manufacturers around the entire world. Juul has become so popular with the younger audience that there is even a verb in usage now in pop culture that is taking hold and it’s branded Juul well. To juul or ‘I am juuling’ as in the act of vaping an e-cigarette made by Juul or maybe not even made by Juul! One day you might say, “I am juuling while I google”. Actually, we probably do say that a lot nowadays.

Since Juul’s skyrocketed success in 2015 with it’s nicotine vape pen products there has been much controversy about their e-cigarette products containing nicotine. Sometimes referred to as the ‘Iphone of e-cigarettes’ Juul hit the world stage hard with a successful product. Juul is also the patent owner and creator of the nicotine salt e-liquid formulation that hit the markets in 2015 also. It was and is a major success. To learn more about nic salts please read our recent articles related to its success.

Online, traditional radio and print ads the world over making accusations how they (JUUL) are targeting teens from a marketing standpoint and then promoting the illegal sales of e-cigarette products to teens with Juul being mentioned as the main offending brand almost every time.

What is the stance of the vaping industry themselves? Well Juul isnt the only manufacturer being directly mentioned by in the FDA’s announcement. There were five other companies mentioned in the FDA’s announcement. I want to clearly state that all the companies the FDA mentions in their announcement have publicly announced their willingness to work with the FDA and adhere to all the regulations imposed. I am thoroughly certain that one of the other purposes of the FDA’s very public announcement was to get the word out on the streets so that all e-juice manufacturers can now take heed and lend an ear to the new and very serious position by the government . I have been noticing many vaping retailers online making strides to update their websites and become FDA complaint to stave off the sale of e-liquids to underaged youths and I agree that this is needed and fully support the new enforcements in place or soon to be in place. It is important to protect underaged children. Absolutely.

Get the posse together!

Gottlieb is quoted as saying “this is the largest coordinated enforcement in the agencies history”.

Hmm, this is strange to me. Are cigarettes gone? Have they ceased to exist? Am I missing the point? Yes, I was missing the point at first but after investigating and hearing more about these concerns on other media outlets understand more. Cigarettes contain nicotine as well, it’s true but that is not the leg that the FDA is standing on right now. Their point currently is not the nicotine from a health standpoint for adults but the marketing of the actual e-juice filled e-cigarettes to minors. This is what the point is exactly when it comes to these announcements.

Consequences

Non compliance for the companies that have been issued these warnings face consequences such as criminal and civil action if they do not show compliance. E-juice and e-cigarette manufacturers must provide plans that mitigate youth sales within 60 days or some other actions may be that vaping manufacturers will be asked to stop distributing products to retailers. There are more actions that are cooking at the FDA right now that will be enforced in the future. If you want to be informed go here and read all about these historic actions from the viewpoint of the U.S. Government. FDA's Deeming Regulations for E-Cigarettes, Cigars, and All Other Tobacco Products.>

I want to pontificate also!

There is the other side of the coin and a sounding board for the vaping industry. The Vapor Technology Association. The VTA is committed to help the vaping industry in having a word when it comes to litigation and Washington D.C. with regards to vaping. This is a “mission statement” that can be found on their page. ‘Vapor Technology Association is the national trade association that is executing a coordinated federal and state lobbying strategy combined with an integrated public affairs strategy to protect the vapor industry.’ The association has much documentation and counter arguments to all that is trending and becoming law with vaping and e-cigarettes. I suggest to go to their site and read about all of the latest announcements and how the vaping industry is being represented and their views. To have a fair and balanced opinion.

You might find it strange but companies like Juul are already putting out ad campaigns on the radio for instance to help stave off negative public opinion. They are, in a way being truthful and self deprecating at the same time mentioning things like “true, Juul contains nicotine which is addictive“ and alternatively saying “Smoking causes cancer “ plus “Kids may feel pressured to try it and Juul is not for kids “. Well there is a promotion and counter promotion going on here in one radio ad spot commercial put out by Juul. Very complex but very smart from the the standpoint of Juul Labs. The FDA also plans to release a public relations campaign this month 09/13/2018 that will be focused on youth and vaping. I am not sure what the platforms they will use to target them? Hopefully not via smoke signals or vhs tape. LOL!  It seems to me though that the government is getting “hip to the jive”(Old school expression) and that they will also target the younger audiences well and accordingly with their valid and important counter arguments. Let’s see.