I just saw the following inside of a post on face book shared on a juice mixing group with a link that I couldn't follow because I don't have a whole sale account. Thus I can't verify if it's true but if it is I hope it can help some of you out.
"Mini Announcement for those that hold a Flavorah wholesale account: Brendan at Flavorah
12:50 PM (4 hours ago)
to me
We want to help our commercial customers write the best recipes possible before the FDA deeming deadline August 8th. We are offering nearly free samples in order to push as many Flavorah flavorings into your hands as possible before that date.
We believe that it is important to ACT NOW, because if the Cole-Bishop amendment is passed, then your recipes written and in the market before August 8th could be grandfathered and avoid the costly PMTA process.... a potential savings of up to $5,000,000!
Please log in to your wholesale account: http://store.flavorah.com/wholesale-shop
Then Follow this link to order $1 samples of all 15ml Flavoring: http://store.flavorah.com/deeming-promo
We will rush you these samples so that you can make sure your juice is flawless forever. As you probably are already aware, our flavors are made for ejuice, and we are committed to supporting you through the PMTA process regardless.
Best regards,
Brendan
P.S. Here is a helpful link to an FDA document that discusses requirements for establishing that a "tobacco product" is in the market on a given date. http://www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatoryInformation/ucm416495.htm"
Is it possible to get a wholesale account if we don't already have one?
I found a link on the page near the bottom.
Damn makes me wish I'd signed up for wholesale with them haha. I don't go through enough of any flavoring to warrant purchases > 30ml though, let alone FLV!
The Cole Amendment covers ecigs up until the FDA Deeming Regulation announcement 2 years ago, not August 8th. This company is confusing two very different things - the grandfather date of April 2014 and the date the regs go into effect, of August 8th. All new products on the market before the 8th can continue to be sold pending the application process. However, if the Cole bill is adopted, only products made before April 2014 will be grandfathered in - all the "newer" stuff will still have to go through the premarket approval process. (Unless the Cole Amendment has changed recently)
What this company is saying is at best, a complete misunderstanding of the regs, at worse a publicity stunt lie to create some buzz, at the detriment of of the other small businesses out there who might take them at their word and believe they have something "patented" because they whipped it up prior to August 8th.
INAL but khlaw is - according to them @ https://www.khlaw.com/9094
The Cole-Bishop amendment to the 2017 Agricultural Appropriations bill would change the grandfather date specifically for deemed products from February 15, 2007 to the effective date of the Deeming Regulation (i.e., most likely sometime in 2016). If this amendment becomes law, any nicotine-containing e-vapor products on the market as of the effective date of the final rule would be grandfathered and, although such products would still have to comply with the rest of the Tobacco Control Act, could avoid the lengthy and expensive PMTA process. Grandfathered products could also serve as predicate products for future SE Reports for new products intended to be marketed after the new grandfather date.
edit: even if it was 2014 it would be a big win, because it would allow us to take the SE pathway instead of a full PMTA.
This was in no way intended as a publicity stunt...far from it /u/fkyuebtubtypo. The email you are reading from this company was sent to a group of existing US based customers in order to equip them with new flavorings before the market is essentially frozen in the US. The call to action for "a potential savings of $5,000,000" is called tongue in cheek, since everybody who mixes ejuice commercially in the US already knows that FDA deeming is essentially a ban without legislative action...and that there is no such thing as a patent on a flavor.
For very explicit information on the FDA Deeming rules, the Cole Bishop Amendment, and other developments related to deeming, I suggest you visit [SFATA](http://sfata.org] the FDA Center for Tobacco Products or contact your congressman.
The Cole-Bishop amendment is a very important piece of legislation, but not the last piece that needs to be passed. There are some advocacy organizations popping up that I think should be supported: Right to be smoke free Vapor Technology Association or the tool to look up your congressman on this company's website.
Its amazing how many "companies" with hacked paypal accounts from Russia tried to open wholesale accounts after this post!