Phase 1 of FDA Regulations Go Into Effect Today: August 8, 2016
How Do The Regulations Affect You?
As of today, August 8, 2016, the FDA's rules that pertain to vaping products go into effect. This means that all vaping products, such e-cigarettes, vape pens, e-hookahs, e-cigars, personal vaporizers and electronic pipes, with exception to accessories (e.g., lanyard) are now classified as ENDS - Electronic Nicotine Delivery Systems.
The FDA's rules that were published in the Federal Registry on May 6, 2016 demonstrate that all parts, pieces, and components of a vaping device, including atomizers, batteries, tanks, and all eliquids are now classified as tobacco products. Yes, even eliquids without nicotine! As absurd as it is, this is the current status of ecig regulations as of today's date. Indeed, a slew of new regulatory requirements are now in place, and manufacturers and retail stores are required to follow them. Accordingly, this post focuses on what the rules mean for both consumers and retail stores alike with regards to ENDS.
Per the FDA rules, retail stores will no longer be able to provide customers with free samples of products. In other words, eliquids cannot be sampled for free. Retail store are, however, able to offer juice samples for a nominal fee.
Per the rules, retail establishments that are not classified as a manufacturer are no longer be able to handle or alter vaping equipment in any way whatsoever, including unwrapping packages, filling tanks, changing atomizers, rebuilding coils, trouble shooting equipment, or assembling any aspect of vaping products (ENDS). Engaging in these practices will serve to classify the retail establishment as a manufacturer. Retail stores can, however, be a guide on the side. This means the following: talking consumers though processes; showing consumers what to do by modeling the behaviors with their own devices.
While the aforementioned examples show only some of the changes that are effective as of today's date, a brief listing of the rules that are published on the FDA's website follow to help you understand the current status of e-cig regulations, as well as their impact on consumers and retail stores. As you will see, some of the rules are dismal, but others that involve checking ID's and no sales to minors are basic common sense practices. Nevertheless, it is important to note that the full impact of the regulations are at least two to three years away, which means that there is still time to effectuate change by contacting lawmakers and urging them repeal or revise the FDA's rules on ENDS.
Rules for Sales of E-Cigarettes and Other Electronic
Nicotine Delivery Systems (ENDS)
Some examples of ENDS include e-cigarettes, vape pens, e-hookahs, e-cigars, personal vaporizers and electronic pipes.
Check photo ID of everyone under age 27 who attempts to purchase e-cigarettes or other ENDS.
Only sell e-cigarettes and other ENDS to customers age 18 and older.
Do NOT give away free samples of e-cigarettes or other ENDS, including any of their components or parts.
Do NOT sell e-cigarettes or other ENDS in a vending machine unless in an adult-only facility.
Beginning in 2018, do NOT sell or distribute e-cigarettes or other ENDS without a health warning statement on the package.
Beginning in 2018, do NOT display advertisements for e-cigarettes or other ENDS without a health warning statement.
If you operate a vape shop that mixes or prepares liquid nicotine or nicotine-containing e-liquids, or creates or modifies any type of ENDS, you are considered a tobacco product manufacturer and must comply with all of the legal requirements for tobacco product manufacturers.
Big Things Come In Small Packages!