Skip to main content
  1. Home
  2. Emerging Tech
  3. Legacy Archives

Everything you need to know about the FDA’s proposed e-cig regulations

Add as a preferred source on Google

The United States Food and Drug Administration officially published today it’s 241-page long proposal for regulating the sale of e-cigarettes. The entire document is available on the Federal Register site for you to peruse as you please, but that’s a lot of information to take in, so we’ve put together this quick overview to give you the gist of the proposal and the impact it might have on e-cigarette users.

What the proposed rules would change

First and foremost, the rules would extend the statutory definition of “tobacco product” to include categories of products that are not currently regulated under the Federal Food, Drug, and Cosmetic Act and Tobacco Control Act. The new definition would be extended to include things like “dissolvables, gels, hookah tobacco, electronic cigarettes, cigars, and pipe tobacco.”

Recommended Videos

Components and parts of tobacco products (but not their related accessories) would also fall under the scope of this proposed rule. This means that the sale of things like filters, rolling papers, tubes, pouches, flavorings, flavored hookah charcoals, and e-cigarette cartridges would be more tightly regulated by the federal government, rather than simply being left up to individual states to regulate.

The proposed rules also include provisions that allow the FDA to regulate future tobacco products that haven’t even been invented yet. The agency envisions that there could be future tobacco products absorbed through the skin or mouth, for example.

best e cig
Image used with permission by copyright holder

Additionally, by extending the definition of what are deemed “tobacco products,” the FDA’s proposal would also extend federal minimum age and identification requirements to those products. In other words, if this proposed legislation is accepted, it would mean that in order to purchase any newly-deemed tobacco products — including things like e-cigarettes, pipe tobacco, or rolling papers — you would be required to provide identification that proves you are over the age of 18.

Under the new rules, companies would no longer be able to offer free samples, and e-cigarettes would be required to come with warning labels saying that they contain nicotine, which is addictive.

Perhaps the biggest proposed change would require producers of cigars and e-cigarettes to register with the FDA, provide the agency with a detailed accounting of their products’ ingredients, and disclose their manufacturing processes and scientific data. Producers would also be subject to FDA inspections.

What the proposed rules would not change

Despite the wide-reaching scope of the FDA’s proposal, the rules proposed rules do not seek to regulate how e-cigarettes are marketed or advertised. That being said, however,  there are rules included that would prohibit companies from asserting that e-cigarettes are less harmful than real cigarettes — unless they gain approval from the FDA to do so by submitting scientific information.

Additionally, despite voicing concerns over their potential appeal to children, the FDA’s current proposal would not place any restrictions on the range of e-liquid flavors available to consumers. The agency is staying out of that issue for the time being, but FDA officials did say these new regulations are the first major step toward asserting the agency’s authority, and eventually being able to regulate flavors and marketing in the future. So you can hang on to your gummy bear- and churro-flavored liquids for now, but down the road they might be more difficult to get your hands on.

What you can do about it

Now that the proposal has been officially published, the public has 75 days (until July 9, 2014) to issue comments on the proposal. Interested persons may submit comments electronically at Regulations.gov. After this, the FDA will assess all comments and begin to draft a finalized version of the proposal, a process that will likely take multiple months to complete, and perhaps even as long as a year if affected organizations rally to contest the proposed rules.

[Images courtesy of Leszek Glasner/librakv/Shutterstock]

Drew Prindle
Former Senior Editor, Features
Drew Prindle is an award-winning writer, editor, and storyteller who currently serves as Senior Features Editor for Digital…
Robot dogs were supposed to help humans. Now humans are being asked to babysit them
One startup offered $20 an hour to walk its robots, with some heavy lifting required when the dogs overheat
GO2 robot dog

San Francisco startup Dimensional advertised for people to walk robot dogs through city streets. The New York Times reported that the job could include carrying a roughly 33-pound robot back to the office if it overheated. A lift home is an awkward requirement for a labor-saving machine.

Keeping the hardware running is only one challenge. Anthropic's robotics tests found that language models mostly failed when controlling joints directly, but did better when directing trained controllers. Giving an AI agent a body doesn't teach it to handle ordinary household objects.

Read more
Forget smartwatches; this smart bed could soon help keep you safe from being a fall risk
Who needs another wearable when your mattress could help spot fall risks?
Bed

Soon, a mattress protector may be more than a bed cover. Australian medtech company Sleeptite and researchers at RMIT University have received a US patent for FlexiSense, a smart bedding technology that tracks body position and posture to help caregivers identify when older residents may be at risk of falling.

The technology is being developed for Sleeptite’s in-bed monitoring system, REMi, and was recently on display at The MedTech Conference in Boston. A peer-reviewed study in Flexible and Printed Electronics says the sensors can also be made at scale without sacrificing performance or durability.

Read more
Anthropic’s sensitive internal data was exposed, and AI helped make it happen
Even the company behind Claude isn't immune to AI-powered security threats, as researchers discovered some worrying vulnerabilities.
Claude Anthropic Featured

AI companies spend enormous amounts of time convincing us their technology is safe and secure. But what happens when those same companies become targets of increasingly sophisticated AI-powered attacks? Anthropic, the company behind Claude, is now facing that question. According to a Washington Post report, cybersecurity startup Cathedral discovered vulnerabilities that let its researchers access sensitive information in Anthropic's internal systems.

The researchers used AI agents to identify potential entry points in less than 12 hours. Interestingly, they didn't need to crack Claude itself. Instead, they exploited weaknesses in third-party business applications that Anthropic uses for everyday operations. Anthropic's security testing program disclosed the findings, which allows outside researchers to identify and report vulnerabilities.

Read more