Is there a de facto FDA ban on nicotine-containing vaping products in America?
The only vaping products that it's legal to market in the USA are those that have received FDA approval via a process called Pre-Market Tobacco-product Application (all vaping products that can be used with nicotine are considered tobacco products). Very few products have been approved. Enforcement is at FDA's discretion & is minimal at this time.
How did this come about? Is there more information on this? Is this Biden decision?
It came about the way most legislation & regulation comes about here: A long & irrational process initiated by politicians in service to the corporations that own them.
Enter "PMTA" into a search engine for more & less cynical information.
It's not a Biden thing, per se. It dates back to 2009 & the Obama administration w/ the Family Smoking Prevention and Tobacco Control Act. You could say it really began at the start of 2020 with our Supreme Court's decision in Citizens United v Federal Election Commission, which allowed corporations to spend without limit on election campaigns. Or you could say it began in early 1993 when the Environmental Protection Agency issued an unscientific & misleading report on second-hand tobacco smoke. Or you could say it began in 1964 when the Surgeon General's Office issued a widely misunderstood report linking cigarettes & cancer.
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