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NEWSLETTER - June 2016
  In this issue: All About the FDA
  • Article: FDA’s Declared War on Sugar
  • Article: The End of Vape Shops, Hookah Shops, And E-Cigs? FDA’s New “Deeming” Laws
  • Video Spotlight: FDA HAS MY GOODS ON HOLD - WHAT CAN I DO?

Upcoming Events:

  • June 21, 2016 - OWIT South Florida 2016 Port Everglades Tour (If you've ever wondered what happens behind the scenes at the Ports, this is for you!)
  • June 30, 2016 - OWIT South Florida membership networking breakfast at Diaz Trade Law
  • August 8-9, 2016 - NCBFAA Educationa Institute Second Annual Global Trade Educational Conference (G·TEC)

FDA’s Declared War on Sugar

Take a look at any food label. Check out the back panel entitled “Nutrition Facts”. It should look similar to the image on the left. Take a look at the total carbohydrate. In this sample, the total carbs is 37g, with 4g of dietary fiber, and 1g of sugar. That leaves 32g of carbohydrates unaccounted for! What are those carbs you might wonder? Well, a majority of them are added sugars.

On May 20, 2016 the FDA finalized the new Nutrition Facts label final rule for packaged foods. It was the first major update, and regulation, to the nutrition facts label in 20 years. The FDA’s regulation targeted sugars, in particular “added sugars”, and provided a major update to the amount of nutrients people customarily consume. Additionally, the nutrition facts label received a face lift.

Total Sugars and Added Sugars

Total Sugars, Sugars, and Added Sugars, what’s the difference? Total sugars will be replacing the declaration of sugars in the label. Total sugars include all sugars present in the food product, including added sugars. Sugars include the sugar content of the main ingredients. For example, if you have a juice, sugars represent the sugar level in the fruit added to the juice. Added sugars are either added during the processing of foods, or when packaged. Food manufacturers utilize added sugars to make products sweeter or to include a specific flavor.

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The End of Vape Shops, Hookah Shops, And E-Cigs?  FDA's New "Deeming" Laws

On April 24, 2014, the U.S. Food and Drug Administration(FDA) announced that it was officially "deeming" e-cigs, e-hookah, vape pens, and other tobacco products subject to the Federal Food, Drug, and Cosmetic Act (FD&C Act). This article covered the proposed regulation at the time. On May 10, 2016 the FDA published the final rule on the new deeming law.

New Tobacco Products Regulated include: All cigars (premium and domestic), pipe tobacco, e-cigarettes, e-hookah, e-cigars, vape pens, advanced refillable personal vaporizers, electronic pipes, hookah tobacco, dissolvable tobacco products, and nicotine gels. As well as any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product. All of the above have been deemed tobacco products and are now subject to FDA regulation.

How Does FDA Regulations Affect Manufacturer, Distributor, Importer, and Retailer?

Unde§1140.10Each manufacturer, distributor, importer, and retailer is responsible for ensuring that the cigarettes, smokeless tobacco, or covered tobacco products it manufactures, labels, advertises, packages, distributes, imports, sells, or otherwise holds for sale comply with all applicable requirements under this part.

Hookah/Vape Shops Become Manufacturers.

An additional effect of the new deemed tobacco products by the FDA will consider, and regulate some retailers as manufacturer. Under §1140.3 manufacturer means any person, including any rapacker and/or relabeler, who manufactures, fabricates, assembles, processes, or labels a finished tobacco product. This means that retailers that mix e-liquids for e-cigarettes or vapor devices, that prepare, compounds or process tobacco products will meet the definition of tobacco product manufacturer.

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FDA HAS MY GOODS ON HOLD - WHAT CAN I DO?
Upcoming Events:
CCS/CES Session August 9th from 4:25 p.m. to 5:45 p.m. Cuba Trade Opportunities: What You Should Know. Presented by  Jen Diaz, Diaz Trade Law.
Précis:  When companies are dealing with international trade they always need to be aware of trade restrictions in place with other countries. One specific country of significance on this issue is Cuba. During this session hear what opportunities are available when considering trade with them, as well as what is still not permitted.
 
Click Below to Explore our Areas of Expertise

Importing  |  Exporting  | U.S. Customs |  Cuba   | Government Agency Compliance
Diaz Trade Law, P.A. | 12700 Biscayne Boulevard, Suite 301 |  T ( 305) 456-3830 | F ( 305) 675-0484  info@DiazTradeLaw.com | www.DiazTradeLaw.com