Strict new regulations are pushing people to make their own e-liquid

Clive Bates does not vape, but he recently ordered a bottle of 99% pure nicotine liquid online from China for DIY e-liquid makers to create their own vape juice at home. Bates, who has a government background and now runs a public policy blog, wants to prove a point: the new regulations in the U.S. and Europe will not achieve their intended goals.

The new regulations aim to regulate and create a more controlled market rather than impose outright bans. However, if consumers cannot obtain the same products through legitimate channels, they will seek alternatives. Overregulation is likely to lead to a thriving black market; otherwise, there would be no need for it to exist.

“The FDA thinks they control everything,” Bates said, “but the reality is that consumers control everything.”

Earlier this year, both the EU and the U.S. FDA released official regulations governing e-cigarette products. Many industry insiders have criticized these regulations as overly strict, arguing that the expensive application process will significantly reduce the number of products available on the market. However, many long-term vapers say they are not concerned that these new regulations will affect their personal habits.

“I’ve been trying to find a way to quit smoking for a long time, and now with vaping, I finally see hope for success, so it’s impossible for me to go back to smoking,” a Redditor said. “DIY or the black market will be my options if necessary.”

Bates demonstrated how easy it is to order nicotine. He wrote that a 10ml bottle of nicotine costs $32, including shipping. It arrives in less than a week and can last any vaper anywhere from 3 to 9 months, depending on their usage and frequency. Most DIY vapers purchase pre-diluted nicotine because it is safer to handle and less likely to cause trouble. New EU regulations, for example, prohibit nicotine concentrations in e-liquids from exceeding 2%. However, Bates in the UK wants to show that even high concentrations of nicotine are easily obtainable.

“High-concentration nicotine liquids are often considered toxic and are starting to be regulated, but you don’t need to buy such high concentrations,” Bates said. “And the idea that customs officials will take these little bottles costing a few bucks, test their concentration, and then take some action is unreasonable.”

Other ingredients needed to make e-liquid, such as food-grade flavorings, vegetable glycerin, and propylene glycol, are much easier to purchase. These ingredients are not under the FDA's new regulations and can be legally bought on websites including Amazon. Components needed to manufacture vaping devices are also readily available online.

But nicotine is key because even diluted nicotine is a very dangerous chemical. It is flammable, can cause skin or eye irritation, and can be fatal if ingested. Just one teaspoon of high-concentration nicotine can cause the death of a child, and a little more can kill an adult. When launching these regulations, the FDA had the idea of offering strictly controlled products with limited choices, confining them to a smaller market. Instead, it may open the door for consumers to hoard dangerous chemicals and mix liquid drugs in their kitchen sinks. There is no doubt that the industry needs some regulation, but overregulation could also lead to some unexpected consequences.