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Response To FDA Regulation

Dear Valued Customer

On May 5th the FDA published it's new rule extending it's authority over electronic cigarettes under the Family Smoking Prevention and Tobacco Control Act of 2009. The 2009 act requires that all new tobacco products brought to market after Feb 15, 2007 be subject to FDA approval. This new rule deems all electronic cigarette related products to be tobacco products. Since most electronic cigarette related products came on the market after 2007, 99.9% of them will now be required to submit for FDA approval.

What does this mean for vaping?

This new rule will eliminate 99.9% of all vaping products on the market today by May 5, 2018. Each manufacturer of eliquid or electronic cigarette devices must submit their products to the FDA by that date at a cost of $1-$5 million dollars per application or stop selling the product. Each flavor, mg level and VG level must have it's own application. The only companies with the capitol to submit to this process will be the big Tobacco and Pharmaceutical companies. Yes, there may be a few large eliquid makers that can afford to submit several of their most popular eliquids BUT the chances of them actually being approved by the FDA are near ZERO. The fact is that since 2009 the FDA has approved TWO new tobacco products to the market while THOUSANDS still sit waiting for a decision. They will be in no rush to approve ANY electronic cigarette related products.
What products are effected by this rule?

The FDA has deemed eliquid with or without nicotine as a Tobacco product. It has also deemed any product that is intended to be used in vaping as a Tobacco product. This includes but is not limited to: PG, VG, Flavorings, batteries, cartomizers, coils, cotton wick material, tanks etc etc. Many of these products have other uses outside of vaping so how the FDA plans to determine "intended use" is anyone's guess at this point.

What does this mean for VaporGod?

Age Verification - By Aug 5, 2016 we must implement age verification on our website which will require our customers to submit ID each and every time they purchase from our website. The other option is to switch all of our shipping over to USPS Age Verified Shipping which will require our customers to provide an ID at the time of delivery. We have not decided which system we plan to use at this time. We agree to age verification now that it will be required by ALL vendors equally. All we asked was a level playing field. No one wants to sell electronic cigarettes to people under smoking age. There will be a cost associated with these validations which we will attempt to mitigate as much as possible.

New Products - 30 days after the rule was announced we are not allowed to bring new products to market. Over the next few weeks we will introduce several new flavors we have been working on but after that we will not be permitted to add to our existing product offerings.

We will continue to sell our products until May 5, 2018. If this regulation has not been stopped or changed by this date VaporGod will cease all sales of what the FDA considers "Tobacco products" on that date.

What can be done to stop this rule?

There are already lawsuits filed against the FDA to attempt to halt this regulation. We expect there to be many more filed over the next several weeks and months. If a lawsuit is successful in delaying or stopping this rule it could change the timeline. There is also a bill HR 2058 that is waiting to be heard by Congress which would move the Feb 15, 2007 date to June 15, 2015 which would grandfather in many of the electronic cigarette products that are on the market today. If passed, this bill would save vaping.

We encourage all of our customers to take action now to save your right to vape. The best way to do that is to go to the CASAA website and send a message to your leaders in Washington. It's a very easy process that takes literally 1 minute to do. They need to hear your voice.

VaporGod is in support of common sense regulations for the electronic cigarette industry. We agree that there must be standards put in place to make sure these products are only sold to people of legal smoking age and that manufacturing processes are sound. This rule goes way beyond common sense by completely eliminating vaping from the US by May 5, 2018.

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