August 8 deeming regulations begin; Undercover FDA agents to police retailers

August 8 deeming regulations begin; Undercover FDA agents to police retailers

As of August 8, 2016, the new FDA deeming regulations officially take effect, and a team of undercover FDA agents are hitting the streets to make sure that the laws are enforced.  According to a recent report in U.S. News, there is a statute in the regulations that requires all retailers to ask for photo identification from customers who look younger than 27-years of age.  If the salesperson does not ask for proper I.D., then the employee along with the shop owner may face legal ramifications.

Although this practice is very new to the vaping industry, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has employed this same secretive strategy for decades.  One common tactic of the ATF is to send younger members of the force who are still under the age of 21 into a local restaurant or nightclub.

By dressing and acting in a manner that is more “adult,” they then attempt to trick unwitting bartenders and servers into selling them alcohol.  If the employee falls for the bait, then both the establishment and the employee receive a fine or court summons on the spot, depending on the jurisdiction.  In many cases, the employee must be immediately terminated.


The FDA might follow the lead of the ATF and use some of these same tactics, but they can also go a step farther.  The undercover FDA agent might appear in the vape shop as an older, everyday vaper browsing through the e-juices and vapes mods.  But secretly, they are watching to make sure that the cashiers at the sales counters aren’t forgetting to card their younger customers.

August 8 FDA deeming regulations: Free samples and coil rebuilds

Prohibiting the sale of e-cigs and vaping products to minors is only one of the new restrictions of the FDA deeming regulations.  Vape shops can no longer provide free samples of e-liquids or help their customers with technological modifications.  Traditionally, vape shop staff have been very helpful in educating newbies on the dangers of coil building, setting up and cleaning their devices properly, and troubleshooting some odd glitch.  But after today, these friendly displays of excellent customer service are now officially illegal in the eyes of the FDA.

If any of these services are witnessed by an undercover FDA agent, then the vape shop along with the employee can expect at least a hefty fine.   These same agents can issue citations for any offense of the FDA deeming regulations, including selling e-cigs and vaping supplies in public vending machines, misbranding or mislabeling e-cigs and vaping products, or selling a new product without an approved Pre-Market Tobacco Application (PMTA).  August 8 has arrived, and the world of vaping will be forever changed.



The opinions expressed in this article are those of the author's and do not necessarily represent the viewpoints, policy or company position of, the rest of our staff, and/or any/all contributors to this site.

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Geoffrey Yalenezian - August 19, 2016

Welcome to the show. ?

Chris james - August 17, 2016

I own a vape shop and I’m okay with regulations, however I am not okay with FDA telling me that I can not assist my customers who have never picked up a vape before and have no clue wtf they are doing.. reasoning: assembling mod/tanks/coils would classify us as a tobacco manufacturer which is the most retarded thing I’ve ever heard. Just because I change my oil and install a battery doesn’t classify me as a Machanic. As for the fee to sample…we charge a 1.00 and if you make a purchase we apply to that sale. We feel if you come thru The Doors you have intentions on spending money and we feel a 1.00 is fair game Especially when we give our customers an opportunity to apply it to a purchase should they buy. FDA and tobacco companies can only do so much…they can only take over the vape industry if we hand it to them.

Marlene - August 12, 2016

They have started charging 50cents to try the flavors at the Vap flavor station in our Area . That isn’t a bad price to try out the juices

Nick - August 11, 2016

You guys fuckin suck man I can understand the age restrictions and everything with carding but frfr the free samples helps vapors choose a good juice they prefer that way you aren’t stuck with bad juice and the friendly customer service acts makes it to where we don’t take the chance of something going wrong or help us keep are merchandice clean and and they help is do that because for a lot of new people they don’t know exactly how to do it fuckin assholes

Susan - August 10, 2016

The FDA made it impossible to get advice on vaping best practices and safety standards because they WANT more people to be hurt by bad builds so in can get to the media then they can ban it and big tobacco will win. Its all part of a plan.

Ana Ortiz - August 10, 2016

Yeah, I totally agree. The fda is hindering the vaping industry rather than helping. Everyone come together and start complaining to the fda about these nonsense rules.

Auston abdi - August 10, 2016

As someone who works in a vapor store I am highly angry to say the least about the new law. However in my personal opinion I do not think that this war will last very long. And the reason for this is because we cannot teach a customer how to have a safe and happy and healthy vaping experience. Once these Vape related accidents and medical conditions arise and start to get out of hand. The FDA will realize that they basically sent a two-year-old into a combat zone by restricting the amount of information and help we can give our customers. And once people start blaming the FDA for the problems that have been happening with Vape products they will not have this law for long.

cassandra - August 10, 2016

The fda is full of shit. They don’t know a damn thing about the vape world. They want to throw down this shit and can’t even answer a single question about the ohms law or anything. Fuck this shit. Bullshit. Call the fda for all your vaping needs now since we can’t have the shop help. Make them learn it… force then to study ohms laws learn the pg vg ratios let them learn it all. How the fuck you honna drop laws but not have about no one to help the public. Fuck the fda.

Michelle Murphy - August 10, 2016

It amazes me that in a world where my mother used to smoke, I used to smoke, my husband used to smoke and something that helps individuals stop such harmful and addicting things that cause cancer are being put under a microscope and yet has helped so many people stop smoking and get rid of terrible coughs and feel 100% better! Why is that? Our government is so ridiculous. If it was their family members it was helping, they would not be doing this! Alcohol kills more lives, but we let that be legal…hmmmm something wrong with our system!

muttchaser - August 10, 2016

The FDA created a boondock of potential harm not only in returning vapers to smoking but in regulating how shops can provide customer service. Vapers with handicaps or new vapers with hand me down devices who don’t know or can’t comprehend Ohm’s Law, battery safety or their devices limitations; or are incapable of building their own coils will be forced to figure it out on their own and there will be more exploding devices than ever before and more returning to smoking. FDA just put a whole lotta people at serious risk of injury. It’s an electronic device not a tobacco leaf! There needs to be customer service at the shop for education and help with setting them up. Please direct all future lawsuits regarding harm from an electronic cigarette,as of the August 8th date, to the #FDA as they are directly responsible for your injuries.

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