March 06, 2024

Teen Vaping Rates Plummet as PMTA Registry Epidemic Spreads

Teen vaping is invariably the reason given by regulators and lawmakers to denying adults access to the vaping products and flavors they prefer. US politicians, spanning the country and political spectrum, are currently pushing for Big Tobacco drafted PMTA Registry bills in dozens of states. For a deep-dive into these laws, check out our feature article: The Big Lies of Big Tobacco.

To defend lobbyist crafted bills which ban popular independent vape products but allow Big Tobacco’s vapes to skate through unscathed, they warn of, "a whole new generation addicted to nicotine."

FDA: The Teen Vaping Epidemic Has Ended

Data taken from the National Institute of Health (NIH) and Centers for Disease Control & Prevention (CDC) tell a much different story.

In fact, these surveys show FAR fewer teens use nicotine today than at any time in the past 50 years.

The FDA has even admitted that there is no youth vaping epidemic. Back on February 24, 2023 I had the opportunity to interview Dr. Brian King, Director of the FDA at CTP and ask him why the FDA kept using the term epidemic when youth use had dropped so significantly.

What are PMTA Registry Bills

PMTA registry bills if enacted are when a state maintains a registry administered by a state agency, listing products legally permitted for sale within its borders. Manufacturers, distributors, or sellers seeking inclusion in the registry must declare under penalty of perjury that their products are either authorized for sale by an FDA Marketing Granted Order (MGO) or are undergoing agency review. A fee, either one-time or recurring, accompanies each product registration, and the listed items are publicly accessible on a website.

The stringent requirements of a PMTA registry law mean that only a small fraction of popular vape shop products meet the criteria, thus giving a significant advantage to tobacco companies (along with one major independent vape manufacturer) that offer compliant products. Moreover, the laws facilitate the targeting of vape shops by law enforcement, as these establishments typically do not carry tobacco industry vape products.

The enactment of such legislation allows lawmakers to reassure constituents, concerned by media reports of a youth vaping “epidemic,” that action has been taken to curb vaping and safeguard children. However, in reality, these laws are likely to fuel a burgeoning black market where unregulated and untaxed products are sold via social media and dubious online platforms to anyone willing to pay.

These Bills Only Benefit Big Tobacco Products

To date, the FDA has granted authorization to only seven e-liquid-based vaping devices, six of which are currently available for purchase, along with a limited number of tobacco-flavored refill cartridges or pods. These authorized products are exclusively manufactured by subsidiaries of three major tobacco companies.

Under PMTA registry laws, products mentioned above receive exemptions from enforcement in states where such laws are in effect. However, the majority of other widely used products, including most disposable vapes and bottled e-liquids, would be deemed illegal for sale. This regulatory framework effectively designates vape shops as immediate targets for law enforcement, aligning with the objectives of tobacco companies aiming to shield their less competitive vape products from market competition.

In addition to product eligibility challenges, numerous small vape manufacturers and sellers face financial and resource constraints that make it impractical to register hundreds or thousands of products across multiple states. In stark contrast, tobacco companies, equipped with limited product portfolios, substantial workforces, and significant financial reserves, find the process of maintaining PMTA registry listings a relatively minor business detail.