FDA Ban on Vaping: Contests and Giveaways are Prohibited

By December 25, 2017 News

Hi Folks,
What do you think about Vape Contest and giveaway FDA Ban?
This post we are going to discuss FDA Ban on Vaping.
FDA Ban on Vaping: Contests and Giveaways are Prohibited
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The FDA deeming regulations are often viewed as a thorn in the side of both consumers and vape shops alike, and now the agency has just updated its policies regarding free samples and other giveaways. In 2010, the agency issued regulations that prohibits the distribution of free samples of tobacco products. The ruling was later expanded in May 2016 to also include e-cigs, e-liquids, and other vaping supplies.

FDA Releases Guidance on Vape Sampling

We knew that, sooner or later, we would get additional details about the FDA vaping regulations. October of 2017, the FDA released more specifics on the ban of free samples of e-cigarette products. The key takeaways from these new guidelines are as follows:

Tobacco products must be sold to consumers. This means that tobacco products can only be given out to consumers through a sales transaction.
Free samples cannot be handed out/shipped out in exchange for consumer contact information or for signing up for a mailing list.
Coupons and discounts are allowed. Buy-one get-one-free promotions are allowed, as long as they are part of a tobacco transaction. However, a promotion that offers the free product at a later date is prohibited.
Membership and reward programs are allowed, as long as the discounts are applied to a tobacco product purchase. If a reward program offers every 10th bottle of e-liquid for free, that 10th bottle can only be distributed if it is part of a tobacco purchase.
Contests and giveaways are prohibited under the FDA vaping regulations. However, if the contest gives away a coupon for a “free” product at the time of another purchase, it would be permissible. Source: FDA Vaping Regulations: Product Sampling

The Prohibition of Distributing Free Samples of Tobacco Products

This guidance is intended to help tobacco product manufacturers, distributors, and retailers
understand the prohibition of distributing free samples of tobacco products set forth in Title 21,
Code of Federal Regulations (CFR), Part 1140 and to explain what you should do in order to
comply with the regulations. The document explains, among other things, what activities and
which persons are subject to the regulations, as well as how the prohibition of distributing free
samples applies to the distribution of tobacco products through:

  1. non-monetary exchanges;
  2. membership and rewards programs;
  3. contests and games of chance; and
  4. business-to-business exchanges.

FDA’s guidance documents, including this guidance, do not establish legally enforceable
responsibilities. Instead, guidances describe the Agency’s current thinking on a topic and should
be viewed only as recommendations, unless specific regulatory or statutory requirements are
cited. The use of the word should in Agency guidances means that something is suggested or
recommended, but not required. Source: The Prohibition of Distributing Free Samples of Tobacco Products