Question about FDA regarding Samples and Contests..

[Canadian_Vaper]

I had a manufacturer (From China) ask me today what is the best way to deal with the no Samples/Contest issue..

As a Canadian I admit I'm not 100% up to date with what is going on in the US I really wasn't quite sure what to say, I'm kind of curious does this even apply to manufacturers outside of the US?

I suggested perhaps charging 1 dollar or something along those lines to winners...

Any vendors or anyone have a clue? anyone have some good suggestions?

 

[IMFire3605]

No free gifts, samples, etc. Technically they could still be free, but if they charge for the shipping, boom, not a free sample, and reciept of the transaction even if COD.

 

[Canadian_Vaper]

No free gifts, samples, etc. Technically they could still be free, but if they charge for the shipping, boom, not a free sample, and reciept of the transaction even if COD.

So it is technically illegal to receive a free vapor product? The FDA has no jurisdiction over China :S

 

[IMFire3605]

That's just my understanding from the view point and how my bosses are having us adapt to the no free samples rules for anyone at our shop from customers to suppliers. Even us, get a call from a juice company asking if we want to get their samples, "Sure, dollar a bottle, pay for the shipping, or COD to us, what works for you?" Customers coming in to get a new juice, $1 for 10 samples ($0.10 per sample basically), can't lock in on first 10 samples, another $1 for another 10 samples. Our regulars we've made up a punch/stamp card system, $5 for each card and they get 50 samples, each sample we punch/stamp their card.

 

[Canadian_Vaper]

Emailed them, hopefully I get a response.

Greetings! How are you today?

I have some questions in relation to ENDS (Electronic Nicotine Delivery Systems), if you personally cannot answer could you please forward this to the appropriate person, at a bare minimum could you please at least give me the proper email address to contact?

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On to my questions:

1. As a Canadian I would like to know if I host a contest for vapor products is it illegal for U.S. citizens to sign up and receive products for free shipped from a foreign company if they win? Assuming the Product in question was released prior to August 8th.

If the answer to 1 is no, would charging them for shipping and or at a discounted price count as payment or does it have to be full MSRP? They would after all be paying in some form for the product.

2. how does this affect manufacturer samples, if I was a foreign manufacturer (which I am not) could I send samples (From Canada) to vendors or experienced testers so they can determine whether or not it is a product they wish to sell or recommend? assuming it was on the market before August 8th...

If the answer to 2 is no, would charging them for shipping and or at a discounted price count as payment or does it have to be full MSRP? They would after all be paying in some form for the product.

3. My last question, lets say I have a friend in the U.S. and I wanted to send him a vapor product as Christmas gift would it be illegal for him to receive it? Would it be stopped by customs or any issues arise?


Thank you for taking the time to read this, I will be eagerly awaiting a response as your regulations in the United States of America affect your neighbors up north in Canada.

Have a wonderful day!