If you’re a vaper then it’s really important to understand what will change in the next couple of months and how this affects your access nicotine products and vape gear. The August 8 FDA vaping regulations are essentially the first step in a two year long process that will eventually prohibit the wide majority of devices on the market today. As of August 8, 2016 any vapor products (including products used for wicking and coil building) are considered tobacco products and are therefore regulated under the Tobacco Control Act.
According to the current FDA regulations, any product released on the market after February 15, 2007 will no longer be considered legal for sale after the next two years, and the industry will virtually shrink to old school disposables and two piece cig-a-likes. There is still hope that Congress will change this date to sometime in 2106, but even so, no new products will be able to enter the market unless they are fully registered with the FDA.
And not only are manufacturers prohibited from selling new products on the market past August 8, 2016 but they can’t also bring any variations to the products they have on their shelves right now. This means they cannot change the labels, bottle size, ingredients or any other thing on e-liquids and cannot alter the shape, size or functionality of any vaporizer. This means that American modders and manufacturers have to register with the FDA any variation of an older product they want to sell past August 8.
Another thing is that employees of vape shops can no longer show customers how to set up their device, are prohibited to mounting coils and wicking material and they can only offer assistance without physically manipulating the products.
Vape shops and e-liquid manufacturers will no longer be able to offer free samples and everything they give clients for testing purposes must have a price and a stock keeping unit (this also applies for nicotine free e-liquid puffing in the shop). Also both physical and online vape shops will be prohibited to sell products to minors (simply clicking a box that the user is of legal age won’t do it anymore) and they have to implement specific age verification instruments. The current regulations also require that any customer who appears under the age of 27 must present photo ID in order to make a purchase.
All manufacturers of vape products have to register their production facilities with the FDA starting with December 31, 2016, and also by August 8, 2018 all vaping products on the market have to be registered with the Administration.
The final thing worth mentioning about the August 8 FDA vaping regulations is that advertising and labeling cannot include modified risk claims. This include but are not limited to claims that vaping is safer than smoking, that electronic cigarettes contain fewer carcinogens and tobacco specific nitrosamines, that e-cigarettes don’t contain any tobacco and that their primary purpose is to provide a safer alternative to smoking.
Therefore, we have only two more years to enjoy vaping as we know it today, and hopefully, politicians will change the 2007 predicate date to at least February 2016 in order to have a wider selection of products available on the market. The only thing left to do is to educate yourself, spread the news with all your vaping friends and take action to help pass amendments like HR 2058 and the Cole-Bishop!