FDA Issues Draft Guidance on Free Tobacco Samples and Vape Shops

From: NACS The Association for Convenience and Retailing

The documents may be applicable to NACS members who engage in tobacco sales.

WASHINGTON – In recent days, the U.S. Food and Drug Administration (FDA) issued draft guidance documents with respect to certain prohibitions on free tobacco samples and on the application of certain tobacco regulations on Vape Shops. The draft guidance documents may be applicable to NACS members who engage in tobacco sales, including sales of e-cigarettes and other recently deemed tobacco products.


Vape Shops
While this particular draft guidance is not applicable to much of the convenience store industry, some convenience store retail outlets may be considered a “tobacco product manufacturer” if that outlet mixes and/or prepares e-liquids or assemble vaporizers – much like the activities of Vape Shops. These outlets, due to these activities, must comply with additional FDA regulations, including registration requirements, submitting lists of products and ingredients to the FDA, and submitting pre-market tobacco product applications to the FDA for review and authorization. Failure to comply with these requirements could subject retailers to fines and enforcement action from the FDA.

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