New FDA Rules Could Create a Vaping Black Market

On August 15, the UK Centre for Substance Use Research (CSUR) released a new study indicating that the recently implemented vaping regulations pose very adverse health implications. This includes the likelihood that current vaping users will continue to use vaping products in ways that circumvent the regulations, or if they cannot legally purchase vaping products, they will increase their consumption of traditional tobacco.

The FDA regulations strictly control the production and sale of vaping products, which could result in the vast majority of currently sold vaping products in the U.S. becoming unavailable legally.

In this study, 9,040 U.S. vaping users (8,451 of whom were former smokers, 282 are current smokers, and 307 have never smoked) were asked what they would do if their current vaping products disappeared from the market due to FDA regulations.

Among the respondents, about 75% indicated that they would stockpile their favorite vaping products before the regulations took effect; nearly 70% said they would purchase vaping products and e-liquids from unauthorized suppliers (i.e., the 'black market'); 66% indicated they would import vaping products from overseas; and 65% said they would manufacture and mix e-liquids at home. In stark contrast to these high percentages, less than 20% of vaping users indicated that they would switch to FDA-approved vaping products if their current favorites were no longer available.

Worryingly, 15% of former smokers indicated that they would likely revert to tobacco products if their current vaping products were no longer available. Additionally, 33% of current smokers indicated they might smoke more, and 10% of current vaping non-smokers indicated they might start smoking if they could not purchase their preferred vaping products.

Dr. Christopher Russell, who led the study at the Centre for Substance Use Research, commented, 'This study highlights a significant gap between the FDA's expressed intentions and the potential impacts of the regulations as perceived by vaping users. The regulators' intentions are good; however, if a significant number of vaping users turn to the black market for products after these regulations are implemented, the positive impacts of the regulations will be undermined, and these users will be harmed. It is crucial for the FDA and policymakers to recognize these potential harms.'

According to the Centers for Disease Control and Prevention (CDC), there are currently an estimated 8.34 million vaping users in the U.S. The CSUR survey included 12 questions assessing participants' demographics, actions they plan to take after the FDA regulations take effect, and the potential impacts of the regulations on stakeholders. Among the respondents, the majority (91.6%) were current vaping users and former smokers, 3.1% were current vaping users and smokers (dual users), and 3.3% were current vaping users and never smokers. The remaining 2% of respondents identified as 'other' or did not answer the question. The survey's respondents represented all 50 states and four-fifths of the regions.

Other important findings:

• 72% of respondents indicated they would stock up significantly before the rules take effect, raising serious concerns about product degradation and consumer safety.
• 69% of respondents indicated they would purchase products from local unauthorized vendors on the black market.
• 65% of respondents indicated they would make their own e-liquids at home.
• 66% of respondents indicated they would purchase devices, products, and e-liquids from vendors not subject to domestic regulations, tax policies, and electronic product standards.
• Only 6% of current vaping users who described themselves as former smokers (having not smoked a single cigarette in the past 30 days) indicated they plan to stop using vaping products after the new regulations take effect, with even fewer (1%) indicating they plan to stop before the regulations take effect.
• No signs indicate that respondents plan to switch to other nicotine products after the new regulations take effect; 3% indicated they would start using snuff or smokeless tobacco, and 12% indicated they would start using one or more nicotine replacement therapy (NRT) products, such as patches, gum, or lozenges.
• 15% of former smokers indicated they would likely revert to tobacco once they can no longer legally purchase their current vaping products.
• 69% of respondents were former smokers, 57% were dual users, and 64% of current vaping users who had never smoked indicated they would continue using vaping products by purchasing them from the unregulated black market.