E-Cigarette Tipping Points v. FDA Deeming Regulations

E-cigarettes and related vapor products (e-cigs) are here to stay They have tipped from a fad to a permanent part of the tobacco product scene. They now constitute a fifteen-year-old multibillion dollar industry in the United States. They offer personal and public health benefits far exceeding theoretically plausible harms. The current FDA “deeming” regulations threaten to eliminate more than 99% of e-cig brands by imposing requirements so costly that few can afford to apply. Sensible federal regulation of all tobacco-related products would allow low-risk products while protecting the public against poor quality products and predatory marketing. Instead, the current FDA regulatory process protects cigarettes from competition from e-cigs and other low-risk alternatives and threatens to drive teens and dedicated e-cig users back to cigarettes or to hazardous contraband and home-made products. Alternatives to the current regulations are proposed.