this from your return e-mail from the FDA @ Lessifer, this part really stood out to me when reading it, I know they didn't answer your question directly, but I feel like the language in this quoted part is telling on their attitude and intent.
this from your return e-mail from the FDA @ Lessifer, this part really stood out to me when reading it, I know they didn't answer your question directly, but I feel like the language in this quoted part is telling on their attitude and intent.
Yeah, they are absolutely clear that they consider it sampling, and that sampling for free is a big no-no. I just want to know what they would consider compliant as far as sampling goes, and if they don't think any sampling would be compliant, they need to say that. I've considered very strict interpretations and they make sampling impossible, but if the $1 per x puffs works, it would be good to have that in writing.this from your return e-mail from the FDA @ Lessifer, this part really stood out to me when reading it, I know they didn't answer your question directly, but I feel like the language in this quoted part is telling on their attitude and intent.
I get the feeling that they don't want sampling of any kind, and if so, they should, or probably will anyways, clarify that language. They do consider this gem a "work in progress".Yeah, they are absolutely clear that they consider it sampling, and that sampling for free is a big no-no. I just want to know what they would consider compliant as far as sampling goes, and if they don't think any sampling would be compliant, they need to say that. I've considered very strict interpretations and they make sampling impossible, but if the $1 per x puffs works, it would be good to have that in writing.
Or just wait two years and there won't be anything to sample.I get the feeling that they don't want sampling of any kind, and if so, they should, or probably will anyways, clarify that language. They do consider this gem a "work in progress".
I'm pretty sure the only exemption was smokeless tobacco, and that exemption is VERY specific.Under the heading of archiving sources.(which I did not.)
To the best of my understanding It was not illegal to give free samples
of tobacco products away in adult only venues under Federal law pre-deeming
as long as other conditions were met. However there are several more restrictions
at the local and state level that may negate this.
Regarding post deeming the new federal regs specifically mention no free samples of newly
deemed tobacco products may be given away as free samples.
Found it. Here it says,"(2)(i) Paragraph (d)(1) of this section does not prohibit a manufacturer, distributor, or retailer from distributing or causing to be distributed free samples of smokeless tobacco in a qualified adult-only facility."
CFR - Code of Federal Regulations Title 21
Here it says,"Do NOT give away free samples of newly-regulated tobacco products, including any of their components or parts.
"Retailer Overview of FDA Regulations for Selling Tobacco Products
Of course I could be misconstruing something here.
Regards
Mike
You're probably right. What caught my eye is the distinction concerningI'm pretty sure the only exemption was smokeless tobacco, and that exemption is VERY specific.
I've visited a few cigar forums, not extensively by any means, but they appear to be as upset as we are and in the same boat as our liquid producers. The main difference is there aren't many, if any, that would hand roll a cigar in the shop for you. So, they at least have a manufacturing process. I haven't looked into how they're establishing that their products aren't new, especially when the tobacco leaves can change from season to season.You're probably right. What caught my eye is the distinction concerning
newly deemed tobacco products. Isn't this a tacit admission by the FDA
that there is a distinction between tobacco products and they can be regulated
differently? There whole premise concerning the deeming regs is e-liquid and
e-hardware is no different than any other tobacco product.
Another discrepancy I notice is surely there are cigar products that were on
the market pre-grandfather date that should be exempt from the new regulations.
Even hand rolled ones. I haven't heard a word about there fate.
Regards
Mike
I would assume this has always been so. Even with cigarettes.I haven't looked into how they're establishing that their products aren't new, especially when the tobacco leaves can change from season to season.
No, they're playing dumb. They do that a lot. They understood your question, and they also understand that their vaping regulations are very destructive.I'm upset that it appears that they didn't actually even read my question.