Today is August 8th and the deeming rules now go into effect. Today, all vaping products, e-liquids and anything e-cigarette related is now considered a tobacco product. So what does that really mean for our community? Today I’m going to break down the FDA’s deeming regs to the best of my ability.
Prior to August 8th 2016, I have to admit, vaping was like the new Wild Wild West. We knew these regulations were coming, and that is why Cory and Andy flew out to Washington D.C to meet with OMB & the FDA back in December 2015. I do agree with not selling to minors. I joined this industry because of the benefits that I believe vaping has, not to see children start up on a new habit.
There are a lot of new rules for retailers, online and brick and mortar stores and for manufacturers as well. They will all shake out over the next couple of years. Ok, so lets get to it. Here are a few of the requirements:
The FDA says everything and anything Vape is a tobacco product and will get treated as if it is a tobacco product.
So what happens now that it is August 8th?
There are no new products allowed to be introduced to the market. Manufacturers are prohibited to have any variations of nicotine level, bottle size, flavor amount, and ingredient type. Future products will now have to go through a pre-approval process for the FDA. In my opinion, this is likely to create a black market for the industry.
Any products that were released before August 8th can remain on the market for the next 2 years, as long as the manufacturer follows the appropriate steps.
Like I said earlier, the ruling that no sales to those under 18 is a good one and one that I stand behind 100 percent. This is already a law in 48 states. For me, vaping is used to continuously lower the intake of nicotine, not introduce it to someone new. Even if you are 18, but look younger than 27, you will still be asked for a photo I.D.
Online, we will have an age verification system used for online sales. It will need to be integrated into all websites that sell vape products. If you are looking for a new business, that’s the one. Many online vape companies are scrambling to find the right age verification software to comply with the new FDA regulations.
No modifications of products
Back in the day when you walked into a brick and mortar vape shop, they would help you put together your e-cigarette. Today, you can no longer get assistance attaching a tank to a battery, screwing in a coil, filling a tank with e-liquid, or building a coil on a rebuildable deck. All that assistance is no longer legal and considered modification, which would make the brick and mortar shop a tobacco manufacturerby assembling the final product.
Before today you were able to go up to the counter at your local vape shop and get free samples of e-liquid before you committed to a larger bottle. As of today, free sampling is no longer allowed. As bad as it sounds, vape shops across the United States have already found a workaround for this by charging customers a small fee to sample the e-liquid, and then donating those proceeds vaping organizations.
Prohibition on modified risk claims:
I’m all for helping consumers better understand the risk of using any product. After today the label, labeling or advertising of vapor products may not “explicitly or implicitly” inform customers of the following facts:
There is some miscellaneous restrictions too, such as vending machines. Vending machines that sell electronic cigarettes can not be placed in any business that allows people under the age of 18 inside.
The next deadline is December 31, 2016. Manufacturers must register and list their individual products with the FDA if they want to sell past that date. There is no fee at this time, but it must be done.
In conclusion, I don’t think that you as a consumer are going to notice much of a difference in your e-liquid or product. The only inconvenience you may have, is pulling your I.D. out of your pocket to make a purchase or you may have to pay a small fee to taste a sample of a new flavor, but other than that, it’s business as usual.
Prior to August 8th 2016, I have to admit, vaping was like the new Wild Wild West. We knew these regulations were coming, and that is why Cory and Andy flew out to Washington D.C to meet with OMB & the FDA back in December 2015. I do agree with not selling to minors. I joined this industry because of the benefits that I believe vaping has, not to see children start up on a new habit.
There are a lot of new rules for retailers, online and brick and mortar stores and for manufacturers as well. They will all shake out over the next couple of years. Ok, so lets get to it. Here are a few of the requirements:
The FDA says everything and anything Vape is a tobacco product and will get treated as if it is a tobacco product.
So what happens now that it is August 8th?
There are no new products allowed to be introduced to the market. Manufacturers are prohibited to have any variations of nicotine level, bottle size, flavor amount, and ingredient type. Future products will now have to go through a pre-approval process for the FDA. In my opinion, this is likely to create a black market for the industry.
Any products that were released before August 8th can remain on the market for the next 2 years, as long as the manufacturer follows the appropriate steps.
Like I said earlier, the ruling that no sales to those under 18 is a good one and one that I stand behind 100 percent. This is already a law in 48 states. For me, vaping is used to continuously lower the intake of nicotine, not introduce it to someone new. Even if you are 18, but look younger than 27, you will still be asked for a photo I.D.
Online, we will have an age verification system used for online sales. It will need to be integrated into all websites that sell vape products. If you are looking for a new business, that’s the one. Many online vape companies are scrambling to find the right age verification software to comply with the new FDA regulations.
No modifications of products
Back in the day when you walked into a brick and mortar vape shop, they would help you put together your e-cigarette. Today, you can no longer get assistance attaching a tank to a battery, screwing in a coil, filling a tank with e-liquid, or building a coil on a rebuildable deck. All that assistance is no longer legal and considered modification, which would make the brick and mortar shop a tobacco manufacturerby assembling the final product.
Before today you were able to go up to the counter at your local vape shop and get free samples of e-liquid before you committed to a larger bottle. As of today, free sampling is no longer allowed. As bad as it sounds, vape shops across the United States have already found a workaround for this by charging customers a small fee to sample the e-liquid, and then donating those proceeds vaping organizations.
Prohibition on modified risk claims:
I’m all for helping consumers better understand the risk of using any product. After today the label, labeling or advertising of vapor products may not “explicitly or implicitly” inform customers of the following facts:
- e-cigs provides a safer alternative to cigarettes.
- e-cigs do not contain tobacco
- e-cigs contain much lower levels of tobacco specific nitrosamines and other carcinogens than tobacco cigarettes
There is some miscellaneous restrictions too, such as vending machines. Vending machines that sell electronic cigarettes can not be placed in any business that allows people under the age of 18 inside.
The next deadline is December 31, 2016. Manufacturers must register and list their individual products with the FDA if they want to sell past that date. There is no fee at this time, but it must be done.
In conclusion, I don’t think that you as a consumer are going to notice much of a difference in your e-liquid or product. The only inconvenience you may have, is pulling your I.D. out of your pocket to make a purchase or you may have to pay a small fee to taste a sample of a new flavor, but other than that, it’s business as usual.
