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.
FDA Sampling juice at B&M's
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So what happens when an agency writes such vague laws, that the agents who are supposed to enforce them can't even understand them 
Anarchy and lot's of court cases...
Anarchy and lot's of court cases...
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.
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".
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
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
I'm pretty sure the only exemption was smokeless tobacco, and that exemption is VERY specific.
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'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.
I would assume this has always been so. Even with cigarettes.
I don't believe cigarette manufacturers process their tobacco to
make it for all intents and purposes the same because they are required
to do so. It's a quality control issue with them.
An interesting question would be are cigars a new tobacco product
or a newly deemed tobacco product? The former isn't true. The later
isn't true either. They were around long before cigarettes. The reason
they were exempted the first go around for the most part was the governments
own evidence indicated they didn't pose the health risk that inhaling cigarette
smoke did or,does or,is claimed to do. One wonders where we would
be if cigarettes hadn't been invented in the first place. I haven't seen
anything indicating that the FDA has the authority to un-exempt a
tobacco product that was specifically exempted pre-deeming. From
my point of view if the FDA can include cigars now they can exclude
products if they wish to do so. I could be reading this wrong. Did congress
state that cigars are now to be regulated as new tobacco products?
Regards
Mike
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.
Here is my story about no-free-samples-in-vape-shops. I mix for a brother who lives in NJ so he rarely goes in vape shops. A few days ago he was out of town, Boston and was running out of liquid so he went to a vape shop to resupply. Not only did he have to pay a dollar, he had to sign an elaborate form and initial it in 3 places. This upset him quite a bit. The experience politicized him. That can only be a good thing. That must be happening in thousands of vape shops everyday and having a smilar effect on customers. May be the free samples ban will backfire and help the cause.
(He also had a hard time finding a favor he liked. Once you get used to laid back minimal flavoring it's hard to deal with commercial pre mix.)
(He also had a hard time finding a favor he liked. Once you get used to laid back minimal flavoring it's hard to deal with commercial pre mix.)
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