The following activities can be done without qualifying a vape shop as a manufacturer:
- “Demonstrating or explaining the use of an ENDS product without assembling the product”
- “Maintaining an ENDS product by cleaning or tightening fixtures (e.g., screws)”
- “Replacing coils in an ENDS product with identical coils (e.g., same ohm and wattage rating)”
- “Assembling a final product from the components and parts packaged together in an ENDS kit”
Additionally, the FDA says it will not enforce some activities that it does classify as “modifying” deemed products. According to its announcement, the FDA “does not intend to enforce the five requirements listed above for these vape shops if, generally speaking, all modifications are consistent with the conditions of the FDA marketing authorization (MA) or if the original manufacturer provides specifications and all modifications made are consistent with those specifications.”
Examples of modifications the FDA will now allow include:
- “Refilling an open system ENDS if no further modifications are made to the device or to the e-liquid before, during or after the refill that are outside the FDA marketing authorization (MA) order”
- “Refilling an open ENDS system if no further modifications are made to the device or the e-liquid before, during or after the refill that – if there is no MA order – are inconsistent with the manufacturer’s specifications”
In other words, they will allow shops to help a customer refill a tank, as long as no modifications are made to the device aside from what is recommended by the manufacturer (either in a marketing order or in printed directions).
They specifically explain that replacing coils with anything other than stock coils designed for a particular atomizer is prohibited. So, no building by shop employees for customers is allowed at all. Filling a closed-system device is also specifically prohibited. So if you’re an expert at hacking MyJet pods, for example, don’t do it for customers in your store.