#111: FDA Cracks Down on E-Cigs

Tech Policy Podcast

TechFreedom

Technology

4.8 • 45 Ratings

🗓️ 9 August 2016

⏱️ 23 minutes

🔗️ Recording | iTunes | RSS

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Summary

Is the FDA putting e-cigs and vapor products out of business? Yesterday, the FDA’s “Deeming Rules” took effect. The rules will force e-cig manufacturers to undergo an expensive and time-consuming approval process unless their products were on the market — or very similar to products on the market — prior to the “predicate date” of February 15, 2007, long before modern e-cigs were introduced. If e-cigs are helping people quit harmful tobacco cigarettes, why is the FDA doing this? How will this impact the industry? Evan is joined by Lori Sanders and Caroline Kitchens of the R Street Institute. For more, check out their event on harm reduction.

Transcript

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0:00.0	Welcome to the Tech Policy Podcast. I'm Evan Schwargerber.
0:06.2	On today's show, the FDA's deeming rules about e-vapor, e-cigarettes, whatever you want to call them, they go into effect today.
0:14.2	Some critics of the agency say that this could actually put 99% of e-cigarettes out of business.
0:20.6	Is this hyperbole or are these regulations
0:22.1	really as bad as people say? Joining me to discuss this are two folks who work on the issue.
0:27.4	Lori Sanders, Outreach Director and Senior Fellow at the R Street Institute. Lori, thanks for joining.
0:32.1	Thanks for having me, Evan. And Caroline Kitchens, policy analyst at the R Street Institute.
0:36.0	Caroline, thanks for joining the show.
0:41.4	Thanks so much, Evan. So we haven't done a show on this issue in a really long time. It was actually one of our most popular shows. So I guess that goes to show what people find interesting of all the
0:46.2	awesome topics we do on this show like Spectrum auctions. But people really seem to like e-vapor and e-cigarettes. And it's been a while. And back in February, I guess, when I had Paul Blair from ATR on the show, we had some hope
0:58.1	that there would be a legislative solution to these deeming rules.
1:01.8	Unfortunately, as of yet, we haven't had that.
1:04.5	So today, August 8th, right?
1:06.9	I think it's August 8th.
1:08.1	Yes.
1:09.0	Their rules go into effect. So can you guys briefly bring our listeners up to speed on what exactly these rules do and
1:15.8	why they're so controversial?
1:17.9	Sure.
1:18.9	So the FDA released its deeming regulations in May, which means that it applied its authority
1:26.7	to regulate tobacco products to its
1:29.3	e-cigarette products and vapor products.
1:31.3	So by doing so, basically there's an arbitrary date of February 2007 in which all tobacco products
	...

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