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What to expect from the August 8 FDA deeming regulations

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On May 5, 2016, the federal government released the new FDA deeming regulations which will change the face of vaping forever. There are several new rules that apply to all retailers, manufacturers, and distributors, but even the average consumer is going to witness some very unwelcome changes. As of today, August 8, the new regulations go into effect.

For vape shops and retailers, this means that no new products can be released to the vaping community without the approval of the FDA. A Pre-Market Tobacco Application (PMTA) must be filed in advance at a cost of perhaps $1 million dollars per product, depending on the level of scientific research that is involved with the approval process. In the past six years, only one application has been approved. Unfortunately, this means that U.S. vapers will no longer be able to choose from a new selection of vape mods and e-juices being released to the marketplace on an almost non-stop basis as in years past.

Other changes to expect after the August 8 FDA deeming regulations

  • No more free samples. According to the FDA deeming regulations, local vape shops must now charge a nominal fee to the customer for sampling e-liquids. And for Vloggers accustomed to getting free samples for video reviews, they may be out of luck.
  • No sales to minors. While this is a rule that most vape shops are already enforcing, the FDA deeming regulations make the practice illegal. Violators may be legally prosecuted.
  • No more coil building assistance. For those who like to venture down to the local vape shop to ask for coil building advice, help in cleaning their new vape mod, or other such services, the FDA deeming regulations now consider this illegal, as well.
  • New labeling is required. All e-cigs and vaping products must be clearly labeled as a “modified-risk tobacco product,” even though this type of merchandise is 100% tobacco-free. And just like tobacco cigarettes, the use of terms like “mild” or “light” in describing brand flavors and strengths is now prohibited.
  • No more vending machines. Selling e-cigs and vaping devices in vending machines that are not located in adult-only establishments is now illegal.
  • Age verification for online sales. For minors who think that they can simply check a box on a website to falsely verify that they are adults, the FDA now requires a more complex system of age verification for all online sales.

These are just a few of the more common restrictions that will occur after August 8. The average vaper may not notice the changes overnight, but they will gradually become more apparent. Thanks to the new FDA e-cig regulations, technological innovation will stall, consumers will be offered fewer and fewer new products on a regular basis, and the release of new e-juice lines will all but stop. That is, unless the FDA deeming regulations are successfully overturned, as many vaping advocacy groups are working diligently to accomplish.

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