State of Vape: Vaping in a Biden Administration

Filter has posted a series of statements about what vaping would be like in a Biden administration. The eJuices.co team previously posted on the State of Vape that harm reduction would be a hot topic in 2021. The conversation has already begun. The eJuices.co team evaluates some of the statements made in this article and what it means for you and your business.

DISCLAIMER: The words within this blog post are the opinions of the author alone. Like all things, the legislation and regulations regarding the vape industry are subject to change. We will update you on any further actions taken by all stakeholders involved. If you have any questions, please feel free to contact your eJuices.co account manager or sales representative.

What Will Vaping Look Like In a Biden Administration?

Azim Chowdhury is a partner at Keller and Heckman LLP. The Washington, DC-based firm has won awards for its food and drug regulatory practice, and has given sound advice on what the Biden administration should do in regards to the vaping industry. Chowdhury advises that the administration listen to the science on alternative nicotine products as a form of harm reduction.

eJuices.co’s Take: This is in stark contrast to the Trump administration’s knee-jerk reaction to ban flavors outright and states’ efforts to regulate vaping products during the EVALI crisis of 2019. While certain specifics on harm reduction cannot be discussed on eJuices.co, we encourage you and your customers to take action to preserve your access to flavors and alternative nicotine products. Let your elected officials know that this is an important issue to you.

Abigail S. Friedman, an assistant professor in health policy and management at the Yale School of Public Health, has focused particularly on the impact of health regulations on the public. “Companies need clearer guidance on the type of data and analyses that need to be provided to meet FDA benchmarks, and the FDA needs more funding so that the (thousands of) applications they have already received can be reviewed in a reasonable amount of time. The current approach asks regulators to perform an almost Herculean task, whereas the submission fees needed to maintain it give large, well-established companies a clear advantage over smaller ones,” she said. 

eJuices.co’s Take: The red tape involving vaping is already very cumbersome as we have discussed in our coverage of the PACT Act. The new regulations will also force smaller companies to overcome huge burdens that will make the barriers to entry much higher than they should be. Without clear guidance, more and more vaping companies may unintentionally fall foul of regulations. You can always contact your eJuices.co account manager or sales representative if you have any questions regarding specific vaping legislation in your state.

If harm reduction becomes a significant topic of discussion in politics in 2021, Michelle 

Minton of the Competitive Enterprise Institute in Washington, DC has taken a step forward in seeing how the administration will handle it. Biden does have a history of endorsing some forms of harm reduction. “Biden has already endorsed reduced forms of harm reduction in some cases, for example supporting the use of treatments like methadone for opioid use disorders. The evidence is clear that low-risk nicotine products have a similar life-saving potential for smokers. If Biden is truly committed to science, his team will have to disregard media narratives, solicit input from a wide array of experts in the field—not just the politically-connected few—and make decisions based only on what will benefit public health most,” she says.

 

eJuices.co’s Take: While we don’t expect Biden to side with the vaping industry any time soon, he may be open to certain harm reduction strategies. Some strategies have already been proposed, such as limiting eJuices under a certain nicotine strength (capping eJuice nicotine strength at 20 mg as proposed in New Jersey). The United Kingdom already uses vape products as part of their approach to harm reduction. Will Biden follow suit? We’ll keep you posted.

 

From The Vaping Industry

 

We also discussed that the speed of PMTA implementation may be slower than expected, although the majority of manufacturers present before the deadline of 9/9/20 have already submitted their applications. Alex Clark, CEO of CASAA, said, “There are currently tens of thousands of premarket applications for new nicotine products pending with [the] FDA which are supported by some of the best science in the world. Following such a dismal roll-out of the deeming regulation, it feels a bit off to suggest that deferring to the FDA is the best course of action, but it makes more sense than basing policy on fear and prejudice.” 

 

eJuices.co’s Take: The Trump administration has suggested creating an agency independent of the FDA that focuses solely on tobacco products. The Biden administration might be willing to do so, with Biden himself saying that he wants to be a president for all Americans. It is yet to be seen whether or not he will walk back his previous statements on vape. There is one issue that Biden has expressed regret for: on the campaign trail, he did acknowledge that the 1994 crime bill he sponsored in the Senate was a mistake, so it is possible the Biden administration may be willing to revisit the vaping issue as well.

 

AVA president Gregory Conley praised Biden’s choice for the director of the CDC. “Dr. Rochelle Walensky is a respected professional with a background of work that suggests an understanding of the benefits of harm reduction strategies in public health. She has a tough task ahead of her; not just advising America through a pandemic, but rebuilding the CDC’s trust with the American people. Part of that process should include studying not just what went wrong with the CDC’s response to COVID-19, but also the CDC’s failures before the pandemic, when it blamed EVALI on nicotine vaping products,” he said. 

 

eJuices.co’s Take: While many studies are available and further research should be done on vaping, the Biden administration should back more research into vaping as part of its commitment to science. In particular, we encourage them to research how nicotine is consumed and the safety of vaping compared to other methods of nicotine consumption.

 

Michael Landl, who is based out of Austria, heads the World Vapers’ Alliance, a vaping advocacy rights group in the European Union. He says, “The new administration must be led by science and not by ideology on this issue. Instead of idealized goals, it needs to put practical solutions center stage. Harm reduction has proved to be effective and is accepted in many countries. To effectively reduce the burdens of smoking, harm reduction such as vaping needs to be actively endorsed. It is also essential that the affordability and variety of vaping products are ensured. The US needs to avoid higher taxes and burdensome regulation, like liquid flavor bans, on vaping products on every level.”

 

eJuices.co’s Take:  It would be wise to also make an economic argument for preserving access to alternative nicotine products. From an economic standpoint, alternative nicotine products such as vaping products may help low-income nicotine users as many eJuices sell for around $0.20 per mL or less. Traditional nicotine products such as cigarettes average around $6.28 per pack (higher in states such as New York, where a pack can go for double the price). Users are expected to inhale around 22 to 36 mg of nicotine per pack. Many vapers purchase 3 mg or 6 mg versions of eJuices. The average bottle of eJuice according to eJuices.co data retails anywhere between $10 to $20.

 

That’s all for this edition of State of Vape! We’re hoping our coverage of the vaping industry is helping you make smart decisions for your business and also helping you advocate on behalf of your customers. If you have any questions or concerns, you can always contact your eJuices.co account manager or sales representative. We’re looking forward to speaking with you!