On August 8th, 2016, the new FDA laws came into effect, but what did it mean for vapers? Some heralded it as the end of vaping as we know it, others are more optimistic, but no one is happy.
In this day and age where technology and information are relatively accessible to everyone, anywhere and at any time, it was a shock when the new FDA laws came into effect in regards to vaping, vaping products and vaping accessories. We were all prepared for the laws, but that didn’t make the new laws any harder to swallow. All hope is not lost though, there is still two years before all of these new laws will come into effect. If vapers stick together and lobby the correct associations, there is still the opportunity to change or modify these laws.
While many of the laws are common sense and were already being enforced by vapers and manufacturers, some are ridiculous. The new FDA laws regarding vaping come down to one idea, that all vaping equipment and accessories are tobacco related products and therefore will be treated as such, ridiculous.
So what are some of the new FDA laws and how will they affect you?
Letâ€™s go through some of the more interesting laws below and take a closer look at them.
No New Products
This is probably one of the biggest things which comes into effect on August 8th, 2016. This is in regards to products being marketed as of a certain date, and pertains to the Grandfather clause and manufacturing dates set out in the FDA regulations. You can find a lot more information on what exactly this means, here. It is important that manufacturers understand that this applies to new products, e-liquids, flavors, nicotine levels, designs, ingredients, etc. everything!
This new law may effectively kill all legal development and innovation of new and safer vaping products bound for the United States. However, this law could also simply push vapers into grey or black markets to source new products.
New products can be produced, but must be accompanied by FDA approval, which could cost as much as a million dollars per product.
No Sales for Under 18
In almost every state in the United States, as well as most countries in the world, not selling vaping products to under 18 was already being enforced. This new law makes it mandatory, as well as adding a requirement that anyone who looks under 27, should be asked for I.D.
Age Verification Across the Board
The FDA is going to be running checks on physical stores, as well as online stores to ensure that they have adequate procedures in place to ensure that customers are over 18. Simply checking a box on the website page isnâ€™t going to stand up to test.
No Modifying or Modification of Products
This law is a tricky one. It’s going to annoy staff and businesses, as much as new vapers. When you are demonstrating a product or helping someone new to vaping, you’re no longer allowed to help them by assembling their mod, coils, tanks, batteries etc. this is all considered manufacturing.
Staff can still educate customers about how to use and assemble products, as well as setting up a product, but they canâ€™t physically assemble the product or manipulate its parts.
No More Taste Tests or Free Samples
For new vapers and even regular vapers, being able to sample new flavors before they commit to buy is an important part of the process. From August 8th, 2016 customers are no longer allowed to sample for free, however that can sample if they are charged a fee.
Retailers could charge any fee realistically as long as a fee is charged. Perhaps a fee could be charged, but then a discount offered off the purchase price is a purchase is made? Who knows. You could also donate the fee, after sales tax, to organizations which are actively fighting against the new FDA regulations.
A Ban On Modified Risk Claims
No longer are you allowed to make, or suggest certain things in regards to the safety of vaping, whether or not it is true, or based off facts. As of August 8th, 2016 stores can no longer imply or state any of the following facts, courtesy of Dr. Michael Siegel.
- that the primary purpose of electronic cigarettes is to provide a safer alternative to smoking;
- that electronic cigarettes do not contain any tobacco, and are therefore a tobacco product only in a legal/regulatory sense;
- that electronic cigarettes contain much lower levels of tobacco-specific nitrosamines and many other carcinogens than tobacco cigarettes;
- that electronic cigarette use is much safer than smoking.
We recommend that you read and understand the FDA regulations for yourself. The next two years is going to be hard and have many wins and losses for vaping, but donâ€™t give up. You can help by supporting agencies that support vaping.