July 31, 2023 2 min read

Over the past decade, the vaping industry in the United States has experienced significant growth and transformation. Alongside this expansion, various federal, state, and local governments have introduced a range of vape laws to regulate the production, sale, marketing, and use of vaping products. In this in-depth blog post, we will delve into the past10 years of vape laws in the United States, examining key milestones, regulations, and their impact on the industry and consumers.


2011-2016: Early Regulations and FDA Oversight:


2011: The FDA attempts to regulate e-cigarettes as drug devices, but this effort is later struck down in court.

2016: The FDA extends its regulatory authority to include electronic nicotine delivery systems (ENDS), requiring manufacturers to submit ingredient lists, obtain premarket authorization, and adhere to manufacturing standards.


2016-2019: Emergence of State and Local Regulations:


2016-2019: Several states and local jurisdictions introduce age restrictions on purchasing and using vaping products, aiming to prevent underage access.

2018: San Francisco becomes the first major city to ban the sale of flavored vaping products.

2019: Michigan becomes the first state to ban the sale of flavored e-cigarettes, citing concerns about youth vaping.


2019-2020: Vaping-Related Illnesses and Flavor Bans:


2019: The United States experiences a nationwide outbreak of vaping-related lung injuries, leading to increased scrutiny and calls for action.

2019-2020: Several states implement emergency bans on flavored vaping products, citing concerns about youth appeal and the potential association with vaping-related illnesses.


2020-2021: Federal Flavor Ban Proposal and PACT Act Amendment:


2020: The FDA proposes a federal flavor ban on all non-tobacco flavored e-cigarettes, but the ban does not materialize.

2021: The Preventing Online Sales of E-Cigarettes to Children Act is signed into law, expanding the PACT (Prevent All Cigarette Trafficking) Act to include e-cigarettes and vaping products, imposing additional requirements on online retailers.


2021-Present: Tobacco 21 and Future Regulations:


2021: The federal minimum age to purchase tobacco and vaping products is raised to 21 through the Tobacco 21 law.

2021: The FDA announces plans to ban menthol cigarettes and flavored cigars, but the proposal does not currently include a ban on menthol-flavored e-cigarettes.


Impacts and Controversies:


Public Health Concerns: Vaping regulations aim to address public health concerns, particularly regarding youth vaping initiation and vaping-related illnesses.


Business Impact: Vape laws have had significant effects on the industry, with small businesses facing compliance costs and restrictions on flavors and marketing.


Black Market and Enforcement Challenges: Stringent regulations can drive the market towards unregulated and illicit channels, posing enforcement challenges.


Conclusion:

Over the past 10 years, the landscape of vape laws in the United States has evolved significantly. The regulatory environment has become more complex, with federal, state, and local regulations addressing issues such as product standards, flavor bans, age restrictions, and online sales.

While the goal of these regulations is to strike a balance between public health and industry growth, ongoing debates continue regarding the efficacy and unintended consequences of specific policies.

As the vaping industry continues to evolve, it is crucial for both stakeholders and vapers to stay informed about the ever-changing regulatory landscape to ensure compliance and promote responsible vaping practices.



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