Vaping Industry Silence by Federal Regulations

Watch the full interview here: RegWatch Interview


Restrictions on Speech Prevent Public Access to Health Information

Manufacturers and retailers of vape products in the United States are not legally allowed to share that nicotine vape products are significantly safer than cigarettes. Nor the fact it can help people quit smoking. Current regulations prevent industry from disclosing these facts unless the FDA accepts them.

In an interview (link below) hosted by Regulator Watch, Jim McCarthy, president of Counterpoint Strategies, and two American Vapor Manufacturing (AVM) representatives, argue that these regulations prohibit vaping companies from making scientifically backed claims about reduced risk of vaping. Since 2016, the FDA has classified nicotine vape products as "Tobacco products" that are subject to the same disclosure restrictions as the traditional tobacco industry. Although these rules are designed to reduce misinformation about tobacco, the rule now prevents vaping companies from citing studies supporting vaping as a less biased alternative and a potential way to quit smoking.

McCarthy explains that consumers often ask if vaping is safer than smoking, or can it help you quit smoking? But manufacturers and retailers are prohibited by law from answering. Even though there is clear evidence, he noted that this regulatory barrier limits open discussion and hinders the public's ability to make informed health choices.

Speech Restrictions and Public Misinformation

Constraints to the vaping industry's ability to openly communicate have had a significant impact on public perception. In 2012, only 13% of Americans believed e-cigarettes were more harmful than traditional cigarettes. In 2020, that percentage had increased to about 65%. That change in perception is also reflected among medical professionals who are increasingly skeptical that vaping is a safe option. This is due to media coverage that often promotes sensational stories and misinformation. While the research supporting the safety of vaping remains largely unpublished.

In 2019, media reports widely covered an outbreak of “vaping-related lung illness,” later known as EVALI. This illness was traced to THC cartridges contaminated with vitamin E acetate; however, nicotine vaping products were not responsible. Yet, vaping industry representatives were unable to counter the initial narrative. According to McCarthy, both federal health agencies and the media did little to clarify the situation, leaving many with a lasting belief that all vaping products pose severe health risks.

McCarthy notes that public health authorities sometimes rely on fear-based messaging to discourage vaping, even if it means stretching the truth. The confusion surrounding EVALI highlights how fear-driven communications can mislead the public. Although evidence confirmed that the illness was linked to black-market THC products, early reports lumped all vaping products together, casting a shadow over the industry that persists today.

Calls for Regulatory Reform and Free Speech Rights

The vaping industry argues that it should be allowed to share accurate, scientifically-supported information to counter these misleading narratives. McCarthy noted that if vaping companies were permitted to communicate comparative risk data, public skepticism might be reduced. Unlike pharmaceutical companies, which can use paid media to shape public opinion, vaping companies cannot promote the significant harm reduction of their products compared to traditional tobacco use.

McCarthy and AVM support regulatory reform that helps make scientifically accurate information accessible to consumers. He emphasizes that this is not about unsupported health claims. It's about empowering people with reliable information so they can be able to make informed decisions with complete information. He stressed that regulatory reform is necessary to ensure citizens have access to certain health necessities. This can encourage smokers to consider safer alternatives.

Public Health Impact and Urgent Need for Change

Industry representatives warn that restrictions on speech disadvantage companies and compromise public health. Research suggests that vaping could be a viable harm reduction option for smokers, yet without the ability to share these findings, vaping companies watch as consumers grapple with outdated or incorrect information.

McCarthy and the AVM are urging regulatory changes that would allow the dissemination of scientifically-backed information about vaping products. They argue that free speech rights, as outlined in the First Amendment, should protect the sharing of credible health information. Without reform, both consumers and the vaping industry remain stuck in a one-sided information environment, where the potential health benefits of harm reduction through vaping are obscured.

McCarthy concluded the interview by stating that public health is at a critical juncture. He warned that if consumers are kept in the dark about the benefits of safer alternatives, misconceptions will continue, leading to preventable harm and lost opportunities to reduce smoking-related illnesses.

The current restrictions on the vaping industry’s speech are creating a public health issue by misinformation and preventing smokers from accessing safer alternatives. The profound impact of these restrictions on public perception, industry practices, and public health highlights an urgent need for regulatory reform.

This article provides a summary of the key talking points from the interview. For a complete understanding and all the details, we encourage you to watch the full interview here: RegWatch Interview

We encourage you to research these issues to expand your understanding of how disinformation impacts the vaping industry.