March 16, 2018


Yesterday, the FDA published its Advanced Notice of Proposed Rulemaking (ANPRM) entitled “Tobacco Product Standard for Nicotine Level of Combusted Cigarettes.” The ANPRM addresses whether to implement a product standard for establishing a lower level of nicotine in combustible cigarettes.  An ANPRM is the earliest step that can be taken in a regulatory

rulemaking process.  The ANPRM does not proffer a proposed regulation.  Rather, it asks for comments on a series of questions that the FDA will consider in evaluatingwhether to draft a regulation and, if so, what it should look like.  After reviewing all the comments, FDA then prepares and publishes its Notice of Proposed Rulemaking (NPRM) which will then be submitted to another notice-and–comment period.  Given the complexities of what is being requested, this process can take quite some time.

The full ANPRM can be read here.   And, Commissioner Gottlieb’s statement on the announcement can be found here.

While this ANPRM does not directly affect the vapor industry, the FDA, in previous statements, has underlined that a key component of this proposed policy is the availability of lower-risk forms of nicotine delivery, such as vaping products

Flavors.  Of note, however, in announcing this ANPRM, the Commissioner makes reference to another ANPRM on flavors which will be forthcoming.  He says, “the FDA also plans shortly to issue two additional ANPRMs: one to seek comment on the role that flavors – including menthol – play in initiation, use and cessation of tobacco products.” This is not a surprise, as it is what FDA first announced last July.  In anticipation of this ANPRM, VTA already is preparing its response.  If your company is interested in participating in a full-throated defense of flavors, please let us know now.


As our industry is confronted with more challenges, many have reached out about the inability to find meaningful and affordable insurance.  We heard you!  After months of hard work, we are excited to announce the launch of a VTA Members-Only insurance program, VapeTech Insurance. This exclusive program is available to our members that are Retailers, Distributors and Manufacturers of vapor products.

What makes the VapeTech Program unique is that the platform allows our members to purchase General Liability, Products Liability, Property and Cyber Insurance in the same policy.  Beyond that, the program also offers several coverage “enhancements” that are designed to fit the specific needs of the vapor industry.

The VapeTech package, along with Auto, Workers’ Comp and any other type of insurance coverage needed, are being offered through our partners, the Cushman Insurance Agency, Inc. & Specialty Market Managers, LLC.  Both companies are experienced in developing and managing needs for niche industries and have spent considerable time and resources putting together the program for our industry.

As the program expands, please watch your e-mail for details.  The group is developing a risk management website to incorporate tools for you to reduce your exposure to risks inherent to the industry.  For more information please visit the VapeTech website at or contact Cole Cushman at or 540-454-2688.  Whether it is to get a quote or just ask a simple question, please do not hesitate to use this new resource as often as possible.


To learn more about VTA, check us out at  And, don’t forget to follow us on Facebook andTwitter.

Thanks for all you do to save vapor!

Tony Abboud
Executive Director
Vapor Technology Association

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