The highly anticipated flavor vape ban, promised by the Trump administration, has finally gone into effect this week. However, the ban has left many stakeholders unhappy and questioning its effectiveness. Public health groups and parents are arguing that the ban doesn’t go far enough. On the other hand, vape shop owners are concerned that this ban will lead to them going out of business.
Interestingly, amidst all the controversy, teenagers seem to be relatively indifferent. Not only have they already stopped using popular devices like the Juul, but a significant loophole in the law allows disposable flavored vapes to remain on the market. This raises doubts as to whether this ban is necessary at all. Even President Trump himself expressed regret, stating that he “should have never done that (expletive) vaping thing.”
If you are wondering how this ban will impact you, read on to find out more.
Which Products Are Affected by the Ban?
First and foremost, it is important to note that the ban only covers flavors in pre-filled, reusable devices such as the Juul. However, critics argue that this approach might be too little, too late, as Juul has already pulled its flavored cartridges from the market and is now only selling tobacco and menthol flavors.
Secondly, it is vital to understand that the ban includes exceptions, allowing many products to remain on the market. This glaring loophole has frustrated anti-vaping advocates. The ban does not cover the following:
- E-liquid not in pods or cartridges
- Disposable, pre-filled vapes
- Open tank devices
If you use any of these products, you are in the clear. However, it is worth mentioning that even the devices exploiting this loophole, such as the Puff Bar, will eventually have to seek FDA approval by May 12th.
Finding Loopholes: How Vape Companies Are Adapting
The focus on Juul in the public eye has inadvertently created an advantage for other vape companies. While the vaping industry faces harsh criticism, other e-cigarette brands have taken advantage of the situation and stepped in to satisfy the demand for flavored nicotine among young users.
The Puff Bar, for example, is a disposable device that falls outside the scope of the ban since it is not a reusable device. This clever workaround means that flavors such as Mango, Lychee Ice, and Blue Raz offered by Puff Bar are not affected by the ban.
In summary, any pre-filled, disposable vape, such as Puff Bars or the Stig, will not be subject to the ban. However, it is essential to acknowledge that this loophole will close after May 12th, and even these devices will need to seek FDA approval.
Challenges in Implementing the Ban
Despite the ban, many vape retailers are expected to resist compliance. The FDA recently admitted this in an email to CNN, stating that “the public may continue to see some of the types of products outlined in the [FDA’s] priorities on the market.” In addition, the agency claims it will prioritize enforcement action against vape products targeted at young people. However, given the drop in enforcement actions related to vaping during the Trump administration, the efficacy of this promise is questionable.
Furthermore, vape manufacturers now face an even bigger obstacle than the current ban. After May 12th, the FDA will have the final say on which vape products can be sold on the market. This step is part of the FDA’s premarket approval process, and it represents the most significant move towards regulating the previously unregulated vaping industry. All vape makers must submit applications for their products’ approval. Those who do submit applications will be granted a one-year grace period to continue selling their products while the FDA reviews their applications.
However, this process may have serious implications for smaller companies and retailers who may struggle to meet the FDA’s approval requirements, meaning they could be forced out of the market come May 12th. In anticipation of this potential “vapocalypse,” many vape makers are currently holding sales of their products, preparing for the worst-case scenario where they do not secure FDA approval.
The future of the vaping industry is uncertain as it navigates through these regulatory changes, and only time will tell how it will ultimately unfold.
Today’s the day. A disappointing day to say the least.
RIP Flavored Pods & Cartridges; we hardly knew ye! Your memory will live on.
Who knows? Maybe this is just a ’til next time’ and not the final farewell. #FlavorBan #WeVapeWeVote
Vapours Canada HQ (@VapoursCanadaHQ)
The Trump flavor ban has finally come into effect, sparking both praise and criticism. While the ban primarily targets flavors in pre-filled, reusable devices like the Juul, it leaves a significant loophole that allows many other vape products, including disposable options, to remain on the market. However, this loophole will close after May 12th, and all vape devices will have to seek FDA approval.
Moreover, enforcing the ban and ensuring compliance presents its own set of challenges, as some vape retailers are expected to resist, and the FDA’s ability to take effective enforcement measures has been called into question.
As the vaping industry faces an uncertain future, with looming deadlines and regulatory hurdles, the landscape is likely to change significantly in the coming months. Vapers and industry enthusiasts will need to stay informed and adapt to these changes as they occur.
Article by James Bickford
My way of understanding the significance of vaping came not only through the disruption of smoking but its effects on society as a whole. Now I bring people to vaping and bring vaping to people. I love using new gear, writing in-depth reviews, and generally nerding out about vaping with like-minded individuals.