On August 8, 2016, the vaping/e-cig world is going to change forever.

On May 10, 2016, the Food and Drug Administration (FDA) passed a final rule expanding the statutory definition of “tobacco products.” As amended, now products that meet the statutory definition of “tobacco products” will include:

• currently marketed products such as dissolvable not already regulated by FDA;
  gels;
• water pipe tobacco;
• ENDS (including e-cigarettes, e-hookah, e-cigars, vape pens, advanced refillable personal vaporizers, and electronic pipes),
• cigars; and,
• pipe tobacco.

Accordingly, on August 8, 2016, the FDA will enact the following new rules and regulations governing the sale of “tobacco products:

1. Enforcement action against products determined to be adulterated or misbranded (other than enforcement actions based on lack of a marketing authorization during an applicable compliance period);
2. Required submission of ingredient listing and reporting of HPHCs;
3. Required registration of tobacco product manufacturing establishments and product listing;
4. Prohibition against sale and distribution of products with modified risk descriptors (e.g., ‘‘light,’’ ‘‘low,’’ and ‘‘mild’’ descriptors) and claims unless FDA issues an order authorizing their marketing;
5. Prohibition on the distribution of free samples (same as cigarettes); and
6. Premarket review requirements.

The FDA has enacted these new rules in the interests of public safety. However, for many e-cig and e-juice manufacturers, the new rules mean (a) new compliance requirements, and (b) a potential change to their business models.

If you are looking to find out more about the new FDA regulations and how to comply, call our office to today: 323.543.4453 or [email protected].