David D. Oxenford who is partner at Wilkinson Barker Knauer LLP, a firm that offers it’s clients legal, regulatory and business advice and representation, wrote a short article on Lexology on the 9th of August right after the aforementioned regulations were put in place by the Food and Drug Administration. He mentioned how in recent days there has been a broadcasting frenzy addressing the latter subject and how he thinks that “the rules that are now effective do not appear as onerous as some recent articles may have suggested.”
Oxenford touches on the regulations in regards to e-cig advertising and feels that these brought with them a substantial amount of confusion as the public is uncertain what the new rules entail, and what is currently effective, or is becoming so at a later date. He states that as of now, there are new restrictions on selling vaping products to young adults under 18, and as for advertising restrictions, these were already in place, disallowing the promotion of vaporizers. Claims that e-cigarettes are a healthier alternative to combustible cigarettes, or suggesting them as a smoking cessation aid is not permitted.
The regulatory expert explains that in two years, new regulations will go into effect that will require vaping products adverts to carry the following warning, “WARNING: This product contains nicotine. Nicotine is an addictive chemical.” In the two years preceding the implementation of this rule, the FDA will come up with a formula as to how that message is delivered by the various advertising media. Many heared there would be 6 different health warnings on any advert, however Oxenford points out that this applies only to cigars not e-cigarettes.
Compliance with the FDA is suggested
Whilst organizations such as SFATA are urging the vaping industry to take action and stand up to the FDA, with Ms. Cabrera former executive director of the organization even suggesting law suits against the latter, and Senator Ron Johnson condemning the regulations’ effect on the industry. Oxenford seems to think that the regulations put in place for now are somewhat reasonable, and suggests collaboration and compliance by the advertising media with the FDA’s requirements, in order to be in the organization’s good books.
