Cleaning Up Illegal Vapes | NACS Magazine

The convenience store industry has seen a significant shift from traditional tobacco products to a diverse nicotine market including vapes and heat-not-burn items. However, the U.S. Food and Drug Administration's (FDA) Center for Tobacco Products (CTP) has struggled to regulate these new products effectively. In 2016, the CTP classified these products as tobacco products, requiring manufacturers to apply for authorization. While the FDA allowed existing products to remain on the market pending these applications, the process has been plagued by delays. As of now, only a small fraction of products have been authorized, while millions have been denied, many of which remain on shelves due to legal challenges. This regulatory ambiguity has created an environment where bad actors can flood the market with illegal products, with FDA Commissioner Martin Makary estimating that up to 85% of vaping products sold in the U.S. are illegal. These products often come from China and may not adhere to safety standards. The situation poses significant challenges for convenience stores that strive to comply with the law, as they lose business to unscrupulous vape shops selling illegal products. The National Association of Convenience Stores (NACS) has made cleaning up the market a priority, advocating for greater regulatory clarity and enforcement. During NACS Day on the Hill, members of Congress expressed support for cracking down on illegal products and improving regulatory clarity. NACS argues that with clear and reasonable regulation, the market can be cleaned up, allowing legitimate businesses to compete on merit rather than by skirting the rules.

(Source：NACS Magazine)