The promised flavor vape ban went into effect this week, causing dissatisfaction among various groups. Public health groups and parents groups argue that the act does not go far enough, while vape shop owners worry about the future of their businesses. However, it seems that not everyone is affected by the ban.
In particular, teenagers who have already stopped using Juul may not be impacted at all due to a major loophole in the law. Disposable flavored vapes, such as Juul alternatives, can still be legally sold. This raises questions about the necessity of the ban in the first place. Even President Trump himself expressed regret for getting involved in the vaping issue.
If you are curious about how this ban will affect you, continue reading to learn more.
Which Products are Banned?
The ban only covers flavors in pre-filled, reusable devices such as Juul. However, this approach may be seen as ineffective as Juul has already removed its flavored cartridges from the market and now only sells tobacco and menthol flavors.
Many other products are not affected by the ban. The law does not cover:
- E-liquid not in pods or cartridges
- Disposable, pre-filled vapes
- Open tank devices
If you use any of these products, you are exempt from the ban. This means that if you are using something other than Juul or Phix, you should not encounter any issues. One notable example of a device that exploits this significant loophole is the Puff Bar.
Getting Around the Law
The focus on Juul has inadvertently given other vape companies an advantage. While everyone is fixating on Juul, other e-cigarettes have filled the void for nicotine-seeking adolescents.
The Puff Bar is a disposable device that conveniently falls within the cracks of the law as it is not a reusable device. As a result, Puff Bar flavors like Mango, Lychee Ice, and Blue Raz are unaffected by the ban.
Therefore, pre-filled, disposable vapes like Puff Bars or the Stig are not affected by the ban. However, it is important to note that this loophole will close on May 12th, and even these devices will need to seek FDA approval.
Toothless and Ineffective
Despite the ban, many vape retailers are expected not to comply. In an email to CNN, the FDA even acknowledged that the public may continue to see some of the types of products outlined in their priorities still on the market. The agency will prioritize enforcement action on vape products marketed to young people, but given the drop in enforcement actions taken by the FDA during the Trump administration, actual compliance may be questionable.
Meanwhile, vape manufacturers face a more significant obstacle in the form of the premarket approval deadline of May 12th. After this date, the FDA will have the final say on which vape products can be legally sold. This is causing considerable concern within the industry.
All vape makers will have to submit applications for premarket approval. Those who submit will receive a one-year grace period in which their products can continue to be sold until the FDA decides on their applications.
While larger companies, often referred to as Big Tobacco, have already submitted applications for devices such as Vuse, NJoy, and Juul, smaller companies and retailers may face challenges come May 12th. To prepare for the potential fallout, many vape makers are holding sales to avoid losing their inventory if they do not win FDA approval.