Ecig Fans Weigh in on FDA Deeming Regulations

When it comes to regulating the ecig industry, lawmakers and industry leaders would do well to bring the matter directly to consumers. At V2 headquarters, we decided to do just that. We fielded a survey of more than 600 ecig users on their feelings about regulation, just before the recent FDA e-cigarette ruling. The results are interesting. They highlight the opinions of ordinary Americans and their legitimate concerns with overly strict regulation of a product that many view as a valuable tool in the struggle to quit combustible cigarettes.

Make no mistake, vapers want fair regulation. Of those surveyed, 83% said they would support some kind of regulation for electronic cigarettes. This is the position of our company, as well as most of those interested in the long-term future of vaping. We have long advocated for science-based, responsible product standards to ensure consumer safety and product reliability. We also support the ban of ecig sales to anyone under 18, as established by the new FDA ruling. E-cigarettes are intended for adult smokers, which is why we’ve partnered with the We Card program, to help keep them out of the hands of underage consumers.

However, nearly 60% of vapers polled were against regulation by the federal government – a response likely influenced by the often heavy-handed rules proposed by the FDA. This unfortunate federal posturing was on full display last month. In the face of widespread criticism from industry experts, consumers, scientists and healthcare professionals, the FDA passed rules that contain a burdensome grandfather date clause that would deem every ecig product launched after 2007 (which is virtually every product on the market) a tobacco product which would need the FDA’s approval in order to be sold to consumers.

Thankfully, due to the committed efforts of doctors and researchers who worked to inform legislators and the public of the impact of the restriction, a bipartisan amendment to modify the clause was passed by the House Appropriations Committee. But it still has a long way to go in order to become law.

The bottom line is this: In a market with such new and rapidly improving technology, there is real reason to be wary of a one-size-fits-all approach to regulation, as advocated by the FDA. That may be why 27% of our survey respondents favor a more local approach, involving states or municipalities. Laws that are tailored to specific communities might appeal to vape shop owners and their customers, who don’t operate with a Big Tobacco budget.

An additional 13% of respondents were in favor of the industry self-regulating, a topic we’ve touched on in the past. At V2, we’ve implemented an innovative system of quality control that prioritizes safety and transparency. Regulators and customers are able to access specific batch-test records for the e-liquid we ship, opening up our quality-control to examination and accountability. When it comes to ensuring the reliability and safety of our products, our company and the FDA are aligned.

Ultimately, e-cigarettes are neither tobacco products nor pharmaceuticals. This rapidly changing category is driven by technology and powered by innovation. And it deserves its own separate regulatory framework, not one that’s been force-fit into decades-old legislation pertaining to tobacco, which is an entirely separate industry.

What we’ve seen is that many scientists, businesses, and consumers have a significantly greater foundation of knowledge than the agencies with the power to make the rules. We believe that most regulators don’t understand why people have started vaping, how they vape, and how the industry can move forward productively in a ways that helps everyone. The concerns of regulatory bodies may not always align with the concerns of consumers or the industry, and there will be no solution here without compromise, but it’s crucial that we find an appropriate balance of interests.

Nearly all vapers are former smokers using e-cigarettes as an alternative to combustible tobacco cigarettes. The advocates working against e-cigarettes continue to ignore the needs of those individuals, while the Center for Disease Control and World Health Organization spread misinformation that muddles the very significant differences between combustible cigarettes and electronic vaporizers. We need to continue pushing for a science-based approach to this issue that doesn’t eliminate the smallest players in this space. Multiple reliable sources have now shown ecig and vaporizer products to be far less dangerous than smoking tobacco, and the continued conversation on regulation should begin with that sharp contrast.

Here at V2, we’ll continue to champion the objective findings that demonstrate that e-cigarettes are, in fact, much safer than combustible tobacco cigarettes. Check back in with us here for real findings from top researchers and to stay fully in the know.

SURVEY: A Win for Big Tobacco? If FDA’s Electronic Cigarette Regulations Force Products Out, Half of Vapers Say They Would Go Back to Smoking 2016

44% of e-cigarette users have never heard of the FDA’s e-cigarette regulations – until now

Miami, FL (June 7, 2016) – V2®, one of the nation’s leading brands of electronic cigarette and vaporizer products, today announced the results of a commissioned study examining e-cigarette users’ reactions to the US Food and Drug Administration’s decision last month to extend federal regulatory control to e-cigarettes. For the survey, 300 adult “vapers” across the U.S. were polled between May 16-20, 2016.

44% had never heard of the regulations

When asked when they first heard about the FDA’s proposed regulations, 44% of those polled said that “this is the first I am hearing about this.” 30% said they had heard about the regulations some time since the FDA’s decision, while 18% heard about the regulations on May 5th, the day of the decision. Just 9% of those polled said that they had heard about the proposed regulations prior to the FDA’s ruling in May.

“The industry missed a giant opportunity to inform and inspire vapers to take action ahead of these regulations,” said Adam Kustin, Vice President of Marketing, V2. “It’s unfortunate that the industry and its customers will only be able to coalesce around this issue after the barn door closed.”

74% believe e-cigarettes should be regulated

 Among e-cigarette users surveyed, three-quarters (74%) believe that electronic cigarettes “should be subject to some sort of regulatory process.” However, in an April survey by V2 which polled 600 vapers, 57% said that they were against any federal regulations by the FDA. Of that 57%, 27% said regulations should occur locally (state, municipality, etc.) and 13% said the industry should self-regulate.

“Vapers want common sense regulations to ensure consumer protection and product standards,” said Kustin. “But what they fear is overregulation, which would stifle product access and innovation.”

Without e-cigs, 49% would go back to smoking

As part of the FDA’s ruling, government approval of all e-cigarette products and related consumables introduced after 2007, such as e-liquid, is now required. These products must go through a formal approval process to continue to be sold. Reports estimate that submitting an application for a single product approval could cost more than $1 million for the applicant.

“Big Tobacco companies, with their virtually unlimited resources, benefit tremendously from an onerous and costly application process,” said Kustin. “They have the ability to do it. And while our company is also well positioned, the smaller players in our category aren’t as fortunate. Some simply won’t be able to bring their products to market, while others will be forced to raise prices, further diminishing their competitiveness. Lastly, it’s important to recognize that Big Tobacco is under no obligation to submit any products for approval. They could accelerate the demise of the industry by simply withholding products from submission. Given the relative size of the e-cig industry to combustibles, I would say their motivation is low.”

When the survey respondents were asked what they would do if electronic cigarettes and e-liquid became harder to buy or more expensive, 36% said “nothing would change” and that “as long as they are available, I will buy them.” However, 34% said that they would vape less. Another 18% said they would “vape less and smoke combustible cigarettes more,” while 8% said they would switch back to smoking exclusively, if e-cigarettes and e-liquid became more expensive or more scarce.

When asked if regulations were to force e-cigarettes off the market entirely, 49% said they would go back to combustible cigarettes. 28% said they would stop consuming nicotine or tobacco products of any kind, and 17% said they would use a smoking cessation method, such as the patch, mints or gum.

“E-cigs are groundbreaking technologies that offer an alternative to combustible cigarettes, which are harmful to millions,” said Kustin. “Almost half of respondents reported they’d return to combustible cigarettes if e-cigarettes were no longer available. The remainder said that they’d either use a cessation therapy such as nicotine gum, which we know doesn’t work; or they’d quit nicotine entirely, which is unlikely and unprecedented. In other words, if the FDA’s ruling hampers access or forces higher prices, it threatens to eliminate 99% percent of the industry, essentially driving vapers back into the eager arms of Big Tobacco. Such an outcome would be tragic, not to mention entirely inconsistent with the FDA’s earlier ‘continuum of risk’ rhetoric.”

About V2:

V2®, the world’s No. 1 volume online retailer of electronic cigarettes, has distinguished itself as an industry leader with its ever-expanding product lines, powerful vapor production and great taste. For more information about V2, visit: www.v2.com.