Vape Radio | The Voice of the Vape Space

Vape Radio 77: The FDA Speaks! FDA Legal Expert Attorney Phil Daman Translates

May 10, 2016

This is not chapter three of the trilogy; it may be the end of chapter one and there is much more to come.” “It ain’t over till it’s over.” Two quotes that may indicate the direction of this Brand New World of vape.


The other shoe has fallen. The FDA has spoken and it means…what? The end of the world as we know it? Business as usual? Do we even know?


This interview with attorney Phil Daman, a nationally recognized FDA legal authority, covers what these new regulations say and what they don’t say.


Since the new regulation’s start clock officially begins on 5/10, we are proclaiming May 10 as National Vape Awareness Day. Phil will be joining us for a LIVE Q & A, and since this is time sensitive, you can visit for information.


Some other things to share:



  • I’ll be at VPX in Vegas May 20 if you plan to attend, I will be speaking along with other experts in their fields.
  • Coming up in June;VAPE U III: Vape Shop Master Summit. 4 days, 20 hours with some of the most amazing thought leaders in the vape space to educate and empower you. Sign up at
  • What do YOU want to know? We interviewed tens of thousands of vape professionals and asked: What keeps you up at night? What worries you the most?
  • With hundreds of responses we drilled it down to just a few areas and then found the best people in the industry to address them. It’s June 23-26 and it will be FREE.  

Whatyou’ll hear today:



  • Phil’s law firm has four offices in key cities and most of their efforts are in the vaping field
  • He was involved with the founding of SFATA and was the former CEO and president
  • Vaping is a TECHNOLOGY product. Why can’t regulators get that? It is not a smoking product
  • Guidance documents explain more details about the new regulations
  • There are opportunities and upsides for entrepreneurs
  • The general media is not paying close attention, nor the general public. But that may change since no one wants to see freedom curtailed
  • We must continue to engage our legislators and political powers
  • The government will lose millions of dollars in tax revenue,which could help in the future
  • The game is not over, but is a progression
  • We will be offering a live Q&A with Phil on May 12
  • Litigation will be forthcoming to deal with these new laws






















Talkingpoints & takeaways:



  • Critical time periods: if you want to bring a product “to market” do it by August 8, 2016. That is when the law “goes into effect.”
  • A new product is “on the market” if it is offered for sale.Be sure all warning labels are in place
  • No one from the FDA will be knocking on your door or shutting you down anytime soon. For the most part we have 24-36 months to see what develops
  • The FDA still is unsure how to implement or enforce these new rules
  • Kiosks and malls have more exposure than a traditional shop due to “kids” being proximate
  • Contact your state and federal congressional leaders and share your concerns
  • Use social media channels to reach out too!
  • Congress never intended for vapor products to be regulated under the Tobacco Control Act
  • Be prepared to comply with the regs and understand what they mean. Don’t follow rumors and gossip
  • Listen to VAPE Radio show #76, our interview with CASAA legislative coordinator, Alex Clark
  • Contact: 617-221-3737,
























I want to assure you that the vape industry is far from dead. Yes, there will be failures and closures, but for anyone that has lived through adverse times, these situations create great opportunities as well.


And I can assure you, we will be here to education, motivate and entertain you.


And last, Happy Anniversary to Vape radio, two years old in April.


That wraps up VAPE radio show #77 and thanks again for listening. Do you have a topic you’d like to hear or do you have something to share? Someone you’d like us to speak with? Send us a note to


Before we leave I want to offer you all a great opportunity. Would you like to get your product, service or message in front of our targeted vaping audience?

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That’sit for show #77, so until next time, Vape On!


This show was sponsored by Perfect Vape. Are you a vape store,always looking for the latest mods on the market? Welcome to Perfect Vape,one of our supporters here on VAPE radio!


Visit them at, use coupon code VAPEradio and get a5% discount and let them prove they stand behind these claims.

Today’s show is sponsored by “Level 13 Liquids.” Are you a retail shop without your own house line? Do you already have your own liquids but lack consistency or confidence that they are offering you a product you can stand behind?


Level 13 Liquids can get your own line off the ground in just a few days! And can help with marketing, branding and expansion into a wholesale channel.


For information contact me here at Vape radio, at


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