IMAGES SUPPLIED BY VENDORS AT VAPExpo 2019
The photos below are of the 2 undercover FDA agents who harassed hardware and e-liquid vendors at the Las Vegas trade show on November 23, 2019 . These images are clearly of the same individuals but were taken independantly by different vendors.
The trade show, at the Las Vegas Convention Center, opened on November 22nd for trade only. The FDA agents entered on Saturday the 23rd when, in addition to the trade, the paying public (aged 18 and over) was permitted for an entry fee of $20.
The undercover agents approached vapor vendors asking if there were 'free' samples available or if 'free' tastings of e-liquids could be had. If the vendor indicated in the affirmative to either question the agents presented their FDA badges and vendors were issued citations and/or ordered to close their booths. However, as all public attendees had paid to enter and had been ID'ed for age, the tastings of liquids or samples were not, in fact, free.
The FDA inclusion of a ban on free samples in the 2016 Deeming Regulation on E-Cigarettes was based upon the tactics of the major tobacco companies from a bygone era when they would hand out free cigarettes at many non-paid public events.
Furthermore the undercover FDA agents did not distinguish between samples which contained nicotine and those that were nicotine-free (something for which the FDA has no legal jurisdiction). As seen in the photographs of the agents taken at the event it is clearly evident that they did not have any testing apparatus which would detect nicotine nor did any of the vendors approached report that the liquids were tested for nicotine content.
One hardware vendor reported that the FDA agents took photographs of their products and harrassed them with threats of FDA enforcement letters if the items did not match up with images attached to Premarket Approval Applications filed with the CTP (Center for Tobacco Products).
This was clearly an anti-vape intimidation tactic by the FDA as the VAPExpo show was held in conjunction with the CBD.io Show, a new CBD Product Showcase. Many of the CBD vendors offered 'free' samples of CBD products intended for human consumption including gummies, cookies, energy drinks, soda, and one even offered samples of coffee laced with the hemp derivative. The FDA has made it clear that CBD additives have not been approved for products intended for human consumption, yet not a single CBD vendor contacted at the show claimed to have been approached by the FDA undercover agents.
One e-liquid vendor, representing the brand name BORA was irate at the FDA intimidation tactics. They reported that when the agents could not cite them due to their lack of offering free samples, the agents demanded they stop offering free hats which carried the simple single-word company name BORA. The reason? Because the agents told them that the hats did not carry a warning that BORA products contain nicotine. Apparently the FDA now is extending the Deeming Regulation to cover apparel. It remains to be seen if the FDA in the future will further extend their regulatory overreach to require atlas publishers include a double nicotine warning on maps featuring the Pacific island of Bora Bora.
The FDA has publicly stated its intent to extend their regulatory reach to all nicotine products intended for human consumption. Since nicotine is a naturally-evolved insecticide to combat boring insects and is present in a wide range of vegetables including tomatoes, potatoes, green peppers, cauliflower, eggplants and some varieties of tea, it remains to be seen if these will soon be declared tobacco products as well. However, given what was seen at the VAPExpo, the day may soon come when the FDA will require that anyone purchasing french fries with ketchup or an eggplant parmagean will have to show ID.