ENDS- Electronic Nicotine Dispensing Systems, virtually all Electronic cigarettes, vapes, mods, and other products that are capable of allowing the user to smoke anything that may contain nicotine.
On May 5th, the FDA finalized a ruling giving themselves the authority to oversee the manufacture and sale of all vapor products. The Timeline is as follows.
May 10th, 2016- The ruling is officially published and will become effective 90 days from that date (August 8th).
August 8th, 2016- The ruling becomes effective.
December 31st, 2016- Manufacturers will need to submit a list of all products twice a year (starting this day). This will be the first of the semi-annual product listings submitted to the FDA.
February 2017- Manufacturers will need to submit an ingredient list containing all products manufactured.
August 8, 2018- “PMTAs” or Premarket Tobacco Product Applications become due.
August 8, 2019- Every vapor product on the market must have been grandfathered into the ruling or have been authorized to be sold by the FDA.
So what does this mean?
Short Term-Minors will not be allowed to purchase any ENDS products. All purchases at a retail location will be subject to age approval. In a retail location, you’ll need to present a valid ID to complete a purchase. Free samples are banned. Shops must charge customers to taste products that contain nicotine and cannot distribute any promotional products like coils or liquid unless they are charged for. Any products that seek to describe a lower risk like “mild, “light” or “low,” cannot be sold unless the FDA approves it first.
Long Term- Manufacturers of both devices and liquids will need to start planning to submit a list of all products they manufacture as well as detail the ingredients for each product. They will also need to plan to receive premarket authorization for each of the products they plan to continue selling, which may be a large financial burden to many small manufacturers. All products will need to feature a warning that customers can clearly read before purchase (printed in at least 12 point font).
What can you do to combat the recent ruling?
SFATA, the Smoke-Free Alternatives Trade Association, is combatting the recent ruling through an amendment called the Cole/Bishop Amendment. Encourage your local representatives or senators to vote for this amendment in the Agriculture Appropriations Bill.
To learn more about the recent ruling and what you can do to help combat it visit sfata.org.