# 8th August 2016 - what does this mean....



## Nailedit77 (9/8/16)

Today is August 8th and the deeming rules now go into effect. Today, all vaping products, e-liquids and anything e-cigarette related is now considered a tobacco product. So what does that really mean for our community? Today I’m going to break down the FDA’s deeming regs to the best of my ability.

Prior to August 8th 2016, I have to admit, vaping was like the new Wild Wild West. We knew these regulations were coming, and that is why Cory and Andy flew out to Washington D.C to meet with OMB & the FDA back in December 2015. I do agree with not selling to minors. I joined this industry because of the benefits that I believe vaping has, not to see children start up on a new habit.







There are a lot of new rules for retailers, online and brick and mortar stores and for manufacturers as well. They will all shake out over the next couple of years. Ok, so lets get to it. Here are a few of the requirements:

*The FDA says everything and anything Vape is a tobacco product and will get treated as if it is a tobacco product.*

*So what happens now that it is August 8th?*

There are no new products allowed to be introduced to the market. Manufacturers are prohibited to have any variations of nicotine level, bottle size, flavor amount, and ingredient type. Future products will now have to go through a pre-approval process for the FDA. In my opinion, this is likely to create a black market for the industry.

Any products that were released before August 8th can remain on the market for the next 2 years, as long as the manufacturer follows the appropriate steps.






Like I said earlier, the ruling that no sales to those under 18 is a good one and one that I stand behind 100 percent. This is already a law in 48 states. For me, vaping is used to continuously lower the intake of nicotine, not introduce it to someone new. Even if you are 18, but look younger than 27, you will still be asked for a photo I.D.

Online, we will have an age verification system used for online sales. It will need to be integrated into all websites that sell vape products. If you are looking for a new business, that’s the one. Many online vape companies are scrambling to find the right age verification software to comply with the new FDA regulations.

*No modifications of products*

Back in the day when you walked into a brick and mortar vape shop, they would help you put together your e-cigarette. Today, you can no longer get assistance attaching a tank to a battery, screwing in a coil, filling a tank with e-liquid, or building a coil on a rebuildable deck. All that assistance is no longer legal and considered modification, which would make the brick and mortar shop a* tobacco manufacturer*by assembling the final product.

Before today you were able to go up to the counter at your local vape shop and get free samples of e-liquid before you committed to a larger bottle. As of today, free sampling is no longer allowed. As bad as it sounds, vape shops across the United States have already found a workaround for this by charging customers a small fee to sample the e-liquid, and then donating those proceeds vaping organizations.

*Prohibition on modified risk claims:*

I’m all for helping consumers better understand the risk of using any product. After today the label, labeling or advertising of vapor products may not “explicitly or implicitly” inform customers of the following facts:


e-cigs provides a safer alternative to cigarettes.
e-cigs do not contain tobacco
e-cigs contain much lower levels of tobacco specific nitrosamines and other carcinogens than tobacco cigarettes
Everyone has there reason for switching over to vaping and that won’t change. So for now on, we can think it, but we cannot say anything about modified risk claims.

There is some miscellaneous restrictions too, such as vending machines. Vending machines that sell electronic cigarettes can not be placed in any business that allows people under the age of 18 inside.

The *next deadline is December 31, 2016*. Manufacturers must register and list their individual products with the FDA if they want to sell past that date. *There is no fee at this time, but it must be done.*

In conclusion, I don’t think that you as a consumer are going to notice much of a difference in your e-liquid or product. The only inconvenience you may have, is pulling your I.D. out of your pocket to make a purchase or you may have to pay a small fee to taste a sample of a new flavor, but other than that, it’s business as usual.

Reactions: Like 5


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## Pixstar (9/8/16)

I'm just looking forward to the pending law suits against the FDA. Hopefully the law will be on the vaper's side.

Reactions: Agree 2


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## Soutie (9/8/16)

Great post sickboy, but perhaps you should put in a disclaimer that these rules are applicable in the US at this point only. 

Not saying that they might not affect us in time, just don't want to cause mass panic to someone hearing about this for the first time.

Reactions: Like 1


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## Caveman (9/8/16)

Thanks for the informative breakdown. It's a sad day when progress is stunted by greed. Hopefully it will be rectified. This is a major win for public health and one would have thought the US, who claim to be such a forward thinking country, would have embraced it instead of trying to destroy it.

Sent from my HTC One_M8 using Tapatalk


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## Nailedit77 (9/8/16)

I understand that this is for the US for now, but at the end of the day the US think they rule the entire planet and this could end up affecting many more countries. Hopefully this will get nipped in the butt asap so we can forget about all of this and move along

Reactions: Agree 1


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## Warlock (9/8/16)

Why don’t we call it something else. Don’t call it vape gear. Call the action ‘fluid differentiating’. Call the gear ‘fluid differentiators’ or something. In the recipes, don’t mention e-juice but just the ‘target fluid’. Advertise boldly and vehemently that these devices are not intended for ‘nicotine dispensing’, but as a pastime for those people requiring a new and fascinating hobby in creating interesting flavours and so on ... I’m sure that people in the advertising industry can come out with a plethora of diverse and innovative ways of advertising this hobby in a positive way.

How can the FDA class vaping gear as ‘tobacco products’? Do they class the packaging of cigarettes and the bottles used to bottle alcohol as ‘tobacco products’ and ‘alcohol products’? I’m sure our local sin tax is not applied to the packaging material suppliers and the bottle suppliers in this country.

I forum names could be changed to avoid any association with cigarettes and tobacco (as suggested elsewhere on this forum).

I am sure people in this community can come up with better ideas than these, and let’s start debating it.


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## Nailedit77 (9/8/16)

FDA = Fu@#$ Dum As@#$€s

Nuff said.... they just money hungry mogals who are loosing billions to the vape industry.. they can kiss my royal white cheeks

Reactions: Funny 1


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