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The FDA has issued new draft guidance clarifying requirements for vape shops. While this is encouraging, it’s important to remember the recommendations are still nonbinding and will need your support.

• The idea is that vape shops would be able to provide a wider range of services to customers without either being classified as a manufacturer or subject to costly pre-market authorization. According to the FDA’s published document, available here, vape shops could:

• Refill tanks for customers, within certain restrictions

• Demonstrate the use of a product without assembling it, including providing instruction designed to assist users on its correct usage

• Maintain a product by cleaning or tightening fixtures

• Replace the coils in a device with identical coils(e.g., same ohm and wattage rating)

• Assemble a final product from a kit or from components and parts sold individually or from multiple kits if the final assembled product consists of components and parts that are also available in a single kit

What Can You Do?

The FDA is accepting public comments on the new draft guidance through February 16 and will issue final guidance at a later date. It’s crucial that we take the opportunity to explain to the FDA how current restrictions affect us. Click here to submit your comment now.