This is a copy and paste from another person at FB.
Quick and dirty notes from the SFATA teleconference:
1) 0mg juice does not count as tobacco, and is basically therefor not affected by these new regs
2) because of #1, the ban on samples and testers will also not apply to 0mg juice. No more free juice giveaways or testers in store unless its 0mg, but 0mg is ok for the time being until the devices are regulated in 2 years
3) online selling of juice seems to be regulated less than face to face sales. This does not affect anyone who makes their own juice or hardware, as you are still held to the standard of a tobacco manufacturer. But for those who simply buy and resell, its ok. This point is unclear and will require more study of the regulations.
4) Clarification has been made that state laws that specifically say that ecigs are not tobacco are superseded by the new regulations. The Federal Government says its tobacco, so it doesn't matter what the states say.
5) clarification that if stores tell customers "you can add nicotine to this 0mg juice", that 0mg juice then becomes a tobacco accessory and falls under the FDA's regulatory power.
6) non tobacco extracted nicotine (such as eggplant nicotine or synthetic nicotine) will most likely not count as tobacco, but SFATA expects that the FDA would respond by saying that nicotine itself is a drug and close the loophole by regulating it as a drug delivery device.
7) SFATA will be releasing a "FDA regs for dummys" document next week, explaining all these shenanigans to those of us who are not lawyers or politicians. Even though the regs state that ecig juice and hardware is classified as tobacco, the states will all have to specifically tax and license retailers for ecig stuff. It is not included automatically.
9) out of country hardware manufacturers are still required to get FDA approval for ecig stuff. Generic items like batteries are exempt since they're not specifically made for ecig use.
10) If you are a straight retailer, who only buys product from other companies to resell, the only things the regs means to you is that you must ID everyone, and cannot alter products, and will most likely have to register as a tobacco retailer in your state. Also there will be no sampling. So you can't let the customer sample the juice before they buy it.
11) Building coils counts as altering a product, which makes it a new product, and since it's a tobacco accessory, building coils makes you a tobacco manufacturer.
12) 90 days starts the law, any products not for sale in the market will require a PMTA
13) No free samples
14) 2 years to file your PMTA, 1 year to get an approval, if no approval is received within the 12 months following you will have to remove your product from the market while you wait for FDA approval
15) Mandatory ID, Child Proof Caps, Warning Labels and Marketing Ban go into effect in 90 days
16) Litigation is HIGHLY unlikely to be successful and SFATA strongly suggests against it.
17) Software upgrades to mods would need a PMTA
18) Verbiage on how we talk about e-cigarettes have to change: no longer healthier, not smokeless, not a way to quit smoking, etc..
