No Free Ejuice/Eliquid Samples
One of the biggest changes is that vaping shops can no longer offer free samples. Shops will be allowed to provide samples to consumers only if they charge a fee. The sample fee amount is open to whatever a particular shop wants to charge, and could range from a penny to a dollar.
Aftermarket Consumer Customizations
Another “gray” area of the new regulations is related to consumers. Prior to the new regulations, consumers were free to customize their vaping devices and create their own blends and mixes of eliquids, as well as share their expertise and homebrewed ejuices with other vapers. However, it is not clear how these practices would be treated under the new FDA regulations. Under the new regulations, these tasks could essentially be viewed as the manufacturing of new products.
The FDA will probably overlook personalized customizations, much like people who create their own blends of tobacco and manually roll their own cigarettes, so long as the individual is not openly engaged in selling their own customized devices, products, or services.
Labeling and Advertising
The FDA will also require products be accurately labeled. There are even new advertising requirements that took effect. Lastly, vaping devices and products can no longer be sold in vending machines in locations where anyone under the age of 18 is allowed entry.
Other regulatory actions that took effect on August 8, 2016 include:
- All vaping manufacturers and importers must register with the FDA.
- Manufacturers of eliquids and ejuices must submit a list of ingredients and their quantities to the FDA, and they have until either February 8, 2017 if they are a large-scale manufacturer, or August 8, 2017 if they are a small-scale manufacturer, to be compliant.
- All vaping products, devices, and accessories must contain appropriate warning labels as outlined in the new regulatory guidelines. Failing to comply with these and other new regulations made effective on August 8th will prevent manufacturers and retailers from being allowed to continue to sell vaping device, accessories, and products.
- Further, any claims of reduced risks, less harm, or other such descriptions when compared to tobacco, must be removed from products, as well as the words “mild,” “light,” “ultralight,” and others, and manufacturers have until August 8, 2017 to be fully compliant.
Future FDA Regulations
The next set of new regulations takes effect on December 31, 2016. At that time all manufacturers and importers must have registered the locations of manufacturing facilities, including those that repackage vaping products. Manufacturers and importers are also required to submit a detailed list of every product, device, and accessory they produce. If this deadline is missed, then manufacturers and importers will not be able to continue to sell any products come January 1, 2017.
We strongly encourage the vaping community to let their congressional leaders know how they feel about the FDA’s involvement in regulating this industry, and to be supportive of vaping advocacy and activist groups already working with government leaders.
Here at Select Vape, we have implemented the required changes to continue to provide vaping devices, products, accessories, and ejuices. For all of your vaping questions or ordering assistance, please feel free to contact us at 714-884-0412.