New Regulations on Vaping for Manufacturers, Retailers and Consumers

new regulations on vaping

Tobacco is one of the largest causes of deadly illnesses in the United States. Last August 8, 2016, the FDA finalized a rule to regulate its use and the products containing it. The vaping industry is not an exception to this rule. So if you’re fond of vaping, resell or make it, you should make yourself aware of this new regulation.

How Does It Affect Manufacturers?

Manufacturers are people who make, modify, mix, assemble, repack, label, or re-label products. To continue doing these things, you should comply with all the applicable manufacturer requirements involving your product.

Vape products contain smaller amounts of tobacco compared to traditional cigarettes. But since it is still an ingredient, people who manufacture e-liquids must follow these regulations:

  • Submit tobacco health documents by February 8, 2017, and by August 8, 2017, for ‘small scale tobacco product manufacturers’
  • Register your establishment and submit list of products, including labeling and advertisements by June 30, 2017
  • Submit ingredient listing by August 8, 2017, and by February 8, 2018, for ‘small scale tobacco product manufacturers’
  • Submit a pre-market application for ‘new’ tobacco products to stay on the market via ‘Exemption from Substantial Equivalence’ by August 8, 2017
  • Stop distributing products with modified risk claims, i.e., ‘light,’ ‘low,’ or ‘mild’ or any other similar descriptors – unless you have an MRTP order in place by September 8, 2017

How Does It Affect Retailers?

As a seller of vape products, you should comply with all applicable federal laws and regulations for tobacco products. Take note that if you make and sell these products, you are required to follow the rules for both retailers and manufacturers. The following rules are for sales of e-cigarettes and other ENDS products such as vape pens, personal vaporizers, e-hookahs and more.

  • Check the photo ID of your consumers under age 27 and make sure that you only sell e-cigars and other ENDS products to customers who are 18 and above.
  • You are not allowed to sell your products in a vending machine unless it is in an adult-only facility.
  • You are not allowed to give out FREE samples of your products nor any of the parts or components.
  • All of your e-cigarette and ENDS products should have a health warning statement on the package.
  • All of your product advertisements should display a health warning statement too.

How Does It Affect Consumers?

The FDA aims to improve public health and protect future generations from the dangers of using tobacco. This is the reason why they have extended their authority to cover all products that contain tobacco. However, keep in mind that FDA regulation doesn’t make these products safe to use. Smoking or vaping is still harmful to health.

Vaporizers, e-cigarettes, e-pipes, hookah pens, etc. – they are all types of ENDS or Electronic Nicotine Delivery System. Unlike traditional cigarettes, they use e-liquids that contain nicotine. Other ingredients used to make this liquid are glycol, glycerin, propylene, and flavorings. The nicotine in the liquid is inhaled by the user through a heated aerosol. Although there are claims that ENDS are safer than traditional cigarettes, they still contain tobacco that can cause death or serious illnesses.

For more information on the new regulation for tobacco, please visit FDA’s website or click here: https://www.fda.gov/TobaccoProducts/Labeling/RulesRegulationsGuidance/ucm394909.htm

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