There may be an easy answer to the FDA ban

[Terraphon]

Originally Posted by rlorange

I guess things work differently in US. I can't see Customs in here banning personal importation, things are quiet for now and the government seems happy to put the local suppliers out of action and leave it at that. E-ciggies only just caught on over here and there has been no direct marketing by local suppliers while they enjoyed their brief honeymoon.

Oh, customs LOVES to seize personal shipments in the U.S.

Like...when Absinthe was illegal...for 95 years...because it was considered toxic...they'd seize it in a heartbeat if they found it.

[skullsoup432]

The bitch is, it could take years for the FDA to approve any juice. That is IF they want to do a rush on it. If they were to incorporate any obstructionist tactics, it could be much longer. What government agency ever rushed to do something they did not want to do? Unless, of course, they smell money. Yes, we all know that this is unfortunately what it will come down to.

[Terraphon]

Yep...

Years to approve it but only the time it takes to sign a form will make it illegal.

[Kobayashi]

If you don’t want to get the FDA's attention and get them on the back of our E-Cig situation i would suggest that these NOT be marketed as a "Stop Smoking Solution" Or make ANY health claims whatsoever. If you don’t give them claims to go after its hard for them to make a case. I know this because i am a heavy marketer in the Diet industry in USA. Any claims are heavily scrutinized by the FDA.

As far as the Nicotine that is a big issue for FDA. I would suggest retailers of E-Cigs in USA, EUR,or AUS to make there "Starter Kits" with 0 (Zero) Nicotine and sell there nicotine carts under a different brands.

[TribbleTrouble]

Another good source of known quantities of Nic is the carts for the Nicotrol Inhailer. Each cart contains 10 mg of Nic (4mg delivered when using the Inhailer). If you pop out the white inserts in the carts and soak them in Everclear (Pure Grain Alcohol), you can extract the Nic without any worry of glue like with the patches. I have made a few batches, and it seems to work pretty good. Has anyone else tried this?

[Kobayashi]

I have tried EverClear with my own "Erb" to Liquify.

[MonkeyMonk]

Two words: Executive Order

[leaford]

Originally Posted by rlorange

If the FDA does ban it then I'm sure lawfirms will be very interested in a class action lawsuit because I know that the e cigarette is by far the most effective way to quit smoking. The government will be liable if they are preventing smokers the best means to save their own lives, this could be easily proven in a civil lawsuit.

I've heard the thought before, and it's an appealing idea. It is true that while we can't prove to the FDA that these are safe or effective, a jury could be swayed by anecdotal evidence, and we have tons of that.

But the problem is, in order to sue, we need a cause of action. We need to prove that the FDA violated a duty they have towards us. The FDA doesn't have a duty to us to give us a way off cigarettes. They do have a duty to prevent drugs from being marketed that haven't been proven to be safe and effective.

Their decision is not forcing us to go back to analogs, the fact that we are unable or unwilling to quit or use approved NRT drugs is. So we don't have a legal cause of action.

It IS a nice thought, though.

[KatyS]

I am a small supplier, been in business since around Nov. I started this to help out neighbors, friends and relatives. My prices are extremely low so I can get this product out at a reasonable price. Every dime I make goes back into product. So for me to come up with thousands of dollars to have this tested and legalized is pretty much out of the question unless, I sky up my prices reduce my quality of business (returns, mailings paypal fees, which I include in my cost). Don't know what the answer is.

[TribbleTrouble]

Originally Posted by KatyS

I am a small supplier, been in business since around Nov. I started this to help out neighbors, friends and relatives. My prices are extremely low so I can get this product out at a reasonable price. Every dime I make goes back into product. So for me to come up with thousands of dollars to have this tested and legalized is pretty much out of the question unless, I sky up my prices reduce my quality of business (returns, mailings paypal fees, which I include in my cost). Don't know what the answer is.

I can see how it is a tough pill to swallow for suppliers, but, it boils down to either you pay for the testing now to keep your business through our uncertain future, or you run the risk of losing all business completely with a ban. I see what you are saying, though. It is going to be tough either way.