How the FDA deeming rules will affect online orders
Vixen Vapors strives to keep our customers informed and we are always happy to answer any questions you may have. The FDA deeming rules have gone into effect and we received a question from one customer in regards to how they would affect online orders. We thought we would share that email and the response with everyone so that the information would be easy to find for all of our customers. So without further ado here it is...
"Hey Vixen Team,
Loyal customer here, wondering if you could give me any information on the FDA progress and how it might affect my ability to order your juice. I live in Wisconsin and have bought 90% of the juice I use from you guys. Thanks for any info you can give me.
A Loyal Customer"
"Hey Loyal Customer!
In the short-term, there really won't be any noticeable effects on the consumer-side for online transactions. Here are some changes you may notice from Vixen Vapors and other online vape companies in the near future:
- Age verification for all orders - Some websites may ask for a picture of your driver's license or require that you have your online order shipped with adult signature confirmation. Our site uses a 3rd-party age verification service so we don't require DLs unless the age-verify service can't recognize you. The state of Texas had already implemented an age verification requirement back in October 2015, so our site has been in compliance for nearly a year.
- No new e-Liquid products - As of August 8th, we can no longer sell new flavors or e-Liquid combinations that we had not previously sold prior to August 8th. In order to release a new flavor, we would have to submit an insanely expensive application ($300k+). We would need an application for each nicotine strength, VG/PG ratio, Sweetener, Menthol, and Creamer combination. It would literally cost us tens of millions of dollars to add a new flavor. Those expensive applications would also require us to conduct scientific studies that would prove that the new flavor was "good for the public health" which is more of a subjective opinion than something that could be factually proven. Please bear in mind that these are only applications. Applications can be denied. Even if we had several million dollars to spend on these ridiculous applications (we don't), we wouldn't risk everything on the chance that the FDA says "sorry, we don't think this new flavor provides any public benefit" and all those millions go down the drain.
- No new hardware products - Any hardware not sold on the market prior to August 8th will be subject to the same application process as described above. While hardware manufacturers may have more capital to submit these expensive applications, it is highly unlikely they would. It is more likely that they would focus on other international markets where hardware products could be bought and sold without all of the stupid regulatory restrictions. We won't be selling any new hardware items that were not already available for sale on the market prior to August 8th.
- Everything is now a tobacco product - The government now classifies everything we sell as a tobacco product, regardless of whether or not the product contains tobacco. If you were to purchase some organic cotton from the site, you will be purchasing a tobacco product. Need some wire for your RDA? Also tobacco. Even if you get a 0mg e-Liquid it will still be a product of tobacco. So if we happen to tell you that something is tobacco, please don't be mad....we have to 🙁
- No free samples - In the past, we might have included some free samples with your order. As of August 8th, the practice of including samples with orders is illegal. In order for us to include samples with orders, we must charge the customer a "reasonable fee."
- We can no longer modify products - This will only affect a few people, but historically we would build coils or attempt to fix hardware problems if a customer had mailed us their hardware. We can no longer do this as it would classify us as a "hardware manufacturer" in the eyes of the law.
- No more "safer than smoking claims" - In spite of the mounting scientific evidence to the contrary, we cannot claim that vaping is safer than smoking. If you have any questions about the relative safety risks of ecigs, please consult your doctor or other medical professional.
In summary, you probably won't notice any meaningful changes anytime soon, but we will do our best to keep you up-to-date on any significant changes as they come up. Please check our blog regularly for the latest news.
Should you have any additional questions, please don't hesitate to email us anytime at [email protected]. Have a great day!"
*Note the customer’s name was changed to protect their privacy
Point #4 is dumb and hopefully can be challenged in court.