• Deanna Clark-Esposito

E-Learning on Vape and E-Cig Law



Had a chance to watch this webinar on legal compliance for the vape industry? I presented this course designed for attorneys, but available to the general public, with Lawline.com and here's the program description.


Legal Compliance for the Vape & E-Cigarette Industry

The use of electronic nicotine delivery systems or, “ENDS,” has seen tremendous growth in the last five years as vaping and the use of e-cigarettes has become more pervasive nationwide. With the advent of FDA’s 2016 “Deeming Rule” which swept ENDS into the jurisdictional fold of the Family Smoking Prevention & Tobacco Act (aka “Tobacco Control Act”), which is an amendment to the Federal Food, Drug, and Cosmetic Act, companies selling such products have been scrambling to comply with the ever-evolving regulatory guidelines, including that of obtaining a “Marketing Order” from the FDA in order to lawfully market and sell such merchandise in the US. Aside from federal requirements, both state and local ordinances are playing a big role in the limited or restricted sale and use of vape devices and its components, such as via flavor bans on e-liquids.


In this program, you will learn:

- What legal framework under the Tobacco Control Act currently exists, and key regulatory deficits that remain to be promulgated

- What types of merchandise are considered an “ENDS” product, and therefore subject to compliance with FDA’s tobacco products laws

- FDA’s existing legal requirements for manufacturers, retailers, importers and distributors

- FDA’s Market Authorization Process (including, the Pre-Market Tobacco Authorization (“PMTA”))

- Other federal, state, and local laws impacting the industry



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