NEW FDA Regulations Begin. FDA to Inspect Stores

E-cigarettes, vaping products, cigars and more products regulated.

Come August 8, 2016, a new list of products in retail stores will be FDA regulated.

Up until now, FDA regulated cigarettes, cigarette tobacco, smokeless tobacco and roll-your-own tobacco.

The new list expands on August 8^th to include:

Overview of FDA Retailer Regulations

Cigars
Pipe tobacco
Water pipe (Hookah) tobacco
Gels
Dissolvables not already regulated by FDA
ENDS (Electronic Nicotine Delivery Systems), including:

e-cigarettes
e-hookah
ecigars
vape pens
advanced refillable personal vaporizers
electronic pipes
components & parts (items sold separately or as part of kits). Some examples: e-liquids, atomizers, cartomizers, clearomisers, tank systems.

Federal Law & Regulation Summary

While most states already regulate most of these products, the change is important nonetheless. Starting August 8, 2016, FDA requires retailers to deny sales to minors for these products. Moreover, you must ASK FOR ID for under 27 year old customers for these new products, and of course, deny sales to minors.

What’s more, FDA will inspect stores with underage purchase attempts for these new products. FDA has already conducted 121,000 inspections across the country in FY2016.

One key strategy to prepare is to inform your employees of the new list of products. We’ve created a one-page chart for you to do just that. Download the Overview of FDA Retailer Regulations or the more detailed Federal Law & Regulation Summary. Both can help bring you and your employees up-to-speed.

Quick Tip: One of the most common reasons for failing to comply with the under 27 year old “carding” requirement is when a store employee guesses the customer is “old enough” to buy and skips asking for ID -- only to find out the customer is 17 years old but looks more like 21. Importantly, the FDA carding requirement is an each-and-every time requirement. Even if you carded a 25-year old customer yesterday, you must card that customer again today. Each-and-every time.

Another key preparation step is equipping your store with signage (for both your employees’ benefit and your customers.) On September 1^st, We Card will have 2017 materials in-stock so make sure to prepare for the coming year and place your order soon.

We look forward to helping you be a responsible retailer.

Doug Anderson

President, The We Card Program, Inc.