As disposables take control of the U.S. market, Representative Cherfilus McCormick of Florida introduces new legislation to target the issue. HR901 will push the FDA to focus its enforcement efforts on disposable vapes. Her statement says:
“As the wife of 2 kids and an executive in the field of healthcare I am thrilled to introduce this crucial legislation. Our children are developing addiction to nicotine and are at risk of becoming addicted to other substances. I am particularly concerned by the reality there is a growing trend that Chinese manufacturers and their suppliers are inundating market U.S. market with unregulated dangerous substances that are changing our children’s brain development as well as their lives. I am urging Biden Administration Biden administration to shut down this loophole for our kids and bring an end to this nationwide epidemic.”
The bill’s wording isn’t available on Congress.gov’s bill tracking tool as of the writing time. But what Representative Cherfilus McCormick declares about the bill suggests there are some theories regarding what’s contained in the statement.
WHAT IS THE LOOPHOLE REP. CHERFILUS-MCCORMICK TALKS ABOUT?
The loophole refers to an older declaration. Before the PMTA deadline and throughout the Trump times, there was a surge of ailments linked to illegal vapes. These illnesses were E-cigarettes, Vaping Use-Associated Lung Injuries, or EVALI. Authorities believed that the condition was caused by black-market pod replacements that were cheaply manufactured.
Disposables were not subject to priority enforcement since they were considered more secure. Disposable vapes were thought to be a challenge to open and then tamper with. It was also tricky to then put together. They also cost more to make than pods because they require more components. Black market cartridges, particularly for popular systems such as Juul, were extremely well-known and were sold under questionable conditions.
There isn’t enough discussion about this loophole in the vaping business because all of those disposables are legal, as the deadline to submit the PMTA has been met.
WHY WOULD LEGISLATION FOCUS ON ENFORCING DISPOSABLE VAPES NOW?
The world has changed. Disposables have become much more sought-after than pods. When you think about smoking vapes, which are popular among high school students, and the reasons why, Juuls aren’t the answer now; instead, it’s a selection of disposable businesses. These companies constitute an essential portion of the U.S. vaping market, which is 2 billion dollars.
The issue with disposable vapes is not their legal situation. They’ve never been approved under the PMTA procedure, which means they’re already in violation. The FDA may put resources to crack down on these products. Eliminating all illegal vapes will benefit legal, regulated vapes and the youth smoking rate. The FDA will likely not have the workforce to handle that in real life.
Securing black market companies is time-consuming, expensive, and often unattainable to test. Dank Vapes was a company that may not offer mixed vape juices but just containers for vape juice. Puff Bars is still operating despite warning letters from the FDA. Smaller companies may even change the name or brand of their supply chains before the FDA can issue warning letters.
They also have benefits over other vaping devices they do not enjoy due to their position in the U.S. marketplace. Mods and cartridge-style vapes depend on their vendors for a stable place to offer spare parts and pods. They are not able to be able to adapt to market changes in the same way as disposables, which has resulted in the rise of disposable products.
While shady disposables are an issue, they are widely used because they’re the best option to fill a need that safer, legal alternatives struggle to fill. The problem with the vaping market is not due to the FDA’s inability to make decisions. Instead, the system they’ve established is far too complicated for them to enforce effectively.