Recent actions indicate the FDA is preparing to begin aggressively ensuring that vape shops are complying with the rules set out under the Family Smoking Prevention and Tobacco Control Act. The FDA has asked for bids from contractors to inspect vape shops and other companies involved in the electronic cigarette supply chain. The agency is prepared to spend $23 million over five years on these services from outside contractors.
The inspectors will be asked to verify that companies have not introduced “new tobacco products.” Under the Tobacco Control Act, companies are not allowed sell products introduced or changed after February 15, 2007.
However, under the Deeming Regulations, companies were given some leeway. If the product was introduced by date of the regulations, August 8, 2016, the product could continue to be sold until 2022. This is true only if that the manufacturer submits a request for FDA premarket authorization, pending an FDA decision on whether they will be approved for long term sale.
Medusa Note: We're keeping a close watch on this and other pending regulatory developments and will be sharing ways that our customers can prepare themselves for any visits from inspectors.