Prior to the deeming rule, vape shops were not subject to the same kind of FDA scrutiny and inspection as convenience retailers. That is no longer the case. “We have started inspections of vape shops,” Ann Simoneau, director of the Office of Compliance and Enforcement in the FDA’s Center for Tobacco Products (CTP), told attendees of CSP’s Total Nicotine Conference in August 2017. “Depending on the actions of the location, they could be considered a tobacco retailer, a tobacco manufacturer or both.”

Also, if a retailer mixes e-liquids or makes or modifies vaporizers, and they also sell these products, they will be regulated as both a retailer and a tobacco product manufacturer by the FDA.