White House OMB rejects FDA's draft regs for e-cigs as too restrictive, tells agency to draft/submit a new proposal

[Talyon]

And good news it is, and I agree we need to be even more vigilant in our efforts to help us Vapers.

 

[Anjaffm]

Thank you, Bill, great news!
So now, the vapers in the States have more time to step up their fight to be allowed to (!) make - and keep - a healthier choice.
Good!

 

[Spazmelda]

I hope this is good news! I wish we had some idea of which parts the OMB found too restrictive. Well, if I'm wishing, I wish we knew what the submitted document contained all together.

 

[Oliver]

The more I hear about this the less I feel I know. I've heard so many conflicting reports about what has caused the OMB to delay the deeming proposals that a new theory/spectre is raised in my mind. I've also heard plenty of different theories as to what Mitch Zeller's own position is, and part of me thinks that the easiest thing for him to do in the context was to throw something so restrictive at the OMB that they had no choice but to reject it.

The political considerations behind this are enormous, and I don't think it's as simple as "the FDA wants this" or the "OMB wants that". In reality, both organisations are having to make policy decisions on an area that is contested by very influential players. I don't think you can lay the blame for this at any single interest - tobacco control, state senators acting out of financial or ideological reasons, etc etc.

What I'm saying is this isn't an easy thing to develop regulations for. So, what might make their lives easier? If I were in their position, I might hope for a higher power to come along and make the decision for me. But what higher power exists than the White House?

Well, in this case, the WHO and its Framework Convention on tobacco Control. The sixth "conference of parties" to the FCTC (the COP) takes place in October, and we can expect a resolution on e-cigarettes and related technologies as a result. Once that's sewn up, it becomes far less politicised, and just a question of putting into place the new regulations.

This is our next big battle, folks, I'm sure of it. Trouble is, with all the smaller battles raging left, right and center, will we have the resources to fight it?

 

[DetraMental]

Winning battles are great, but winning the war is better....lots of work ahead. Glad to hear we have some breathing room for a bit.

 

[AegisPrime]

Whilst I agree it's good news, given how many politicians are pointing at the FDA and saying 'they haven't made their mind up so we'll make up our own rules' I can't help but feel it's a double-edged sword...

 

[oplholik]

Thanks Bill. I am going to steal this and pass it around.

 

[soba1]

Awesome if true.
Pres Obama being an ex smoker and his wife are definitely into health.
So this would be huge, I wish he would actually come out and make an off the cuff statement about it lol

 

[skoony]

good news bill.

i have been thinking though,(i know that's dangerous and my wife and kids have warned me about that.)
about the apparent difference of opinion between the administration and the OMB.
i haven't heard any stories lately about about Presindent Obama's on again off again smoking problem.
do you think maybe as soon as the President is out of sight one of his guards is handing him
a greensmoke or an evod?

regards
mike

 

[2coils]

If our fate rests in the hands of the WHO, we are in for some trouble!

 

[soba1]

good news bill.

i have been thinking though,(i know that's dangerous and my wife and kids have warned me about that.)
about the apparent difference of opinion between the administration and the OMB.
i haven't heard any stories lately about about Presindent Obama's on again off again smoking problem.
do you think maybe as soon as the President is out of sight one of his guards is handing him
a greensmoke or an evod?

regards
mike

Lol on orders from the first lady

 

[NorthOfAtlanta]

good news bill.

i have been thinking though,(i know that's dangerous and my wife and kids have warned me about that.)
about the apparent difference of opinion between the administration and the OMB.
i haven't heard any stories lately about about Presindent Obama's on again off again smoking problem.
do you think maybe as soon as the President is out of sight one of his guards is handing him
a greensmoke or an evod?

regards
mike

With the pressure he's under it is a definite possibility, he has already been seen using the ineffective gum.

 

[rvc]

He's been sent one. I believe politicians are hesitant to speak out in favor of ecigs when the worlds largest campaign contributors big pharm have competing interest NRT, Chantix and treating smoking related illness.

from thehill.com

"Stearns has sent electronic cigarettes to House Minority Leader John Boehner (R-Ohio) and President Obama to help them quit smoking. He’s been seen using the device in the Speaker’s Lobby, where Speaker Nancy Pelosi (D-Calif.) banned smoking two years ago. Her office did not respond to a request for comment by press time."

 

[soba1]

He's been sent one. I believe politicians are hesitant to speak out in favor of ecigs when the worlds largest campaign contributors big pharm have competing interest NRT, Chantix and treating smoking related illness.

from thehill.com

"Stearns has sent electronic cigarettes to House Minority Leader John Boehner (R-Ohio) and President Obama to help them quit smoking. He’s been seen using the device in the Speaker’s Lobby, where Speaker Nancy Pelosi (D-Calif.) banned smoking two years ago. Her office did not respond to a request for comment by press time."

Don't hate but. Lol I hope it was a Provari, because at least they can say its American made lol

 

[Uncle Willie]

It's the States, Counties and Cities that are the most worrysome on this .. at the rate it's going, they won't need the FDA ..

 

[Bill Godshall]

Per Smokey Joe's comment, the US never approved the FCTC, and thus the FCTC will have no impact on FDA regulations in the US.


dr g inquired

Bill, question. What do you think of the industry numbers published in that article? It claims cigalike manufcturers account for 80% of the market.

The article claimed that products sold by blue, NJOY and Fin accounted for 80% of the e-cig market. But those companies products account for 80% of the "cigalike" market.

Similarly, its pretty clear to me that all of the various estimates by Wall Street analysts of $1.7, $1.8 and $2 billion in e-cig sales in 2013 (in the US) only included "cigalike" products. I suspect that US sales of mods and e-liquid were an additional $200-$400 million in 2013.

Although many/most veteran vapers, and many/most vapers who quit smoking use mods and e-liquid (not cigalikes), sales of cigalikes have been and will continue to be significantly higher than sales of mods and e-liquid.

I don't know about current market shares of B&M versus Internet sales of "cigalikes" or "mods and e-liquid", but its pretty clear that B&M sales of cigalikes, mods and e-liquid have all been increasing at a far greater rate than Internet sales (ever since 2010 when the federal court ruled against FDA's ban, which had forced many/most sales to the Internet). With the huge growth of vape shops throughout the country in the past year, many more mods and e-liquid are being sold at B&M stores (but I don't know if Internet sales of mods and e-liquid are still increasing or decreasing due the many new vape shops.

 

[ClippinWings]

This is the type of news I needed when coming out of my little ECF sabbatical...

You see... I stepped away from this site for a bit because it was all too depressing... I was still out and about advocating for eCigs where and when appropriate... but the daily grind of finding ANTZ pushed stories on here and rushing out to combat the ignorance got to me...

thanks for sharing Bill!

Oh yeah... I'm back... maybe not as active as I was... but I'll be around.

 

[soba1]

Bill yes thanks for your efforts and keeping us updated with the latest.

 

[Oliver]

Bill, sorry I didn't make myself clear.

I'm quite aware of the FCTC non-ratification. That wasn't really my point - it's much more about having an organisation with international clout pronouncing on the issue. In other words, this is a battle of ideas not science or law.

Zeller's appointment is a political one. He needs to be seen to be on the right side of history, or that he had his hand forced. Sure, the FCTC can't force it through legal mechanisms, but it will certainly influence public opinion, media reporting and politicians. We already know that Stanton Glantz (and Neal Benowitz, sadly) are writing the e-cig book for the WHO (http://dropproxy.com/f/661 - PDF), and if the FCTC COP sides with their assessment they will have a huge lever.

 

[Oliver]

I don't know about current market shares of B&M versus Internet sales of "cigalikes" or "mods and e-liquid", but its pretty clear that B&M sales of cigalikes, mods and e-liquid have all been increasing at a far greater rate than Internet sales (ever since 2010 when the federal court ruled against FDA's ban, which had forced many/most sales to the Internet). With the huge growth of vape shops throughout the country in the past year, many more mods and e-liquid are being sold at B&M stores (but I don't know if Internet sales of mods and e-liquid are still increasing or decreasing due the many new vape shops.

If it helps, ECF traffic has doubled year on year for the past 5 years, and the latest December to February period has seen by far the biggest increase - if it continues at this rate we may see a trebling of traffic this year (hence a massive server migration happening soon!). Clicks out to suppliers have remained proportionally the same (Ie in line with overall traffic), so my assessment is that B&M visibility is driving the whole thing forward, and that a segment of the new market is also looking online.

What that means in terms of the overall market is anyone's guess. Unfortunately, Nielsen do not track independent stores (both B&M and online), so the analysts have tended to ignore the independent sector. That has changed recently, with Bonnie Herzog of Wells Fargo declaring the "open models" market to be worth 500m. The most significant part of this valuation (which is basically a guess) is that she's talking about it at all.