FDA deeming regulation proposals
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    Default FDA deeming regulation proposals

    Today, the FDA published its proposals for a 'deeming regulation' that would apply tobacco law to ecigs and related products.

    http://www.ofr.gov/OFRUpload/OFRData/2014-09491_PI.pdf
    https://www.federalregister.gov/arti...bacco-products
    https://s3.amazonaws.com/public-insp...2014-09491.pdf
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    Full Member Verified Member Gresh11's Avatar
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    Quick question. When will these regulations come into effect?

    Where's the catch, without going through the whole document?



    Edit: Nearly 12 hours later: Sorry for the daft questions. I've just put my seat-belt and crash helmet on. I predict turbulence. Onward and upward, I wish the flight crew all the best. I feel pretty helpless at the moment. I won't waste anymore of your time. Power to the PV!
    Last edited by Gresh11; 04-25-2014 at 06:08 AM.

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    My quick wash after reading the proposed new regulations:

    • Bottom line, up front: We didn't get the whole loaf, but we got more than half of it.
    • FDA did their homework on e-cigs
    • The labeling and age restriction requirements are consistent with the e-cig community's opinions
    • Some B&M and small boutique vendors will struggle to stay in business
    • The tardiness of these new regs is telling us a lot about FDA's struggle to identify e-cigs as a legitimate threat to the public health
    • There will most likely be no banning of flavored e-liquids
    • Liquid nicotine (unflavored) will still be widely available


    I have not read the proposed regs thoroughly. This just represents my early impressions of FDA's first draft. My recommendation is that everyone within earshot provide well written comments using Roly's link above.

    Sorry I've been away so long, y'all. I'm self employed and my "boss" has been a hard drivin' sunnofa biscuit eater since October.
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    Senior Member Kryyptyk's Avatar
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    Quote Originally Posted by Gresh11 View Post
    Quick question. When will these regulations come into effect?
    For 75 days after the proposed rules are published in the Federal Register, they will be open to public comment, then revised and finalized, after which they should be in full effect up to 24 months later.
    Last edited by Kryyptyk; 04-24-2014 at 07:02 PM.
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    Ultra Member KODIAK (TM)'s Avatar
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    My 2 immediate concerns:

    1.) On the topic of "age restriction". How does that work for online e-juice suppliers?
    2.) Also, the FDA limiting nicotine content in said e-juice.
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    Quote Originally Posted by KODIAK™ View Post
    My 2 immediate concerns:

    1.) On the topic of "age restriction". How does that work for online e-juice suppliers?
    2.) Also, the FDA limiting nicotine content in said e-juice.
    This can be accomplished employing the same techniques used by beer/cigar of the month clubs. signature requirements for delivery

    I didnt see anything about nic level restrictions


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    Senior Member Kryyptyk's Avatar
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    Quote Originally Posted by KODIAK™ View Post
    My 2 immediate concerns:

    1.) On the topic of "age restriction". How does that work for online e-juice suppliers?
    2.) Also, the FDA limiting nicotine content in said e-juice.
    1.) The minimum age for U.S. purchases both online and in a B&M will be the legal smoking age, usually 18. It will be tough to enforce the online aspect, as minors have been purchasing prohibited items online since I was one, but it will be law nonetheless.
    2.) As far as I can see, there haven't been any suggestions to limit nicotine content, so if it does happen it will be in a different set of deeming proposals.

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    The only rule I saw that didn't seem quite fair was the banning of advertising "harm reduction". I don't own a business, but as someone who smoked for 40 years and am now smoke-free, everything I have read says that vaping is less harmful than smoking. It will be interesting to see how the businesses who want to advertise feel about this.

    The rule that requires a list of ingredients is a good one, IMHO.
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    Ultra Member KODIAK (TM)'s Avatar
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    Quote Originally Posted by Kryyptyk View Post
    2.) As far as I can see, there haven't been any suggestions to limit nicotine content, so if it does happen it will be in a different set of deeming proposals.
    I learned of this nicotine level limitation from another dissertation/translation here "somewhere". Looks like I'll have to dive into the FDA Dead Sea Scrolls and see for myself. (If I'm not back by next Tuesday you'll know I'm blind and can't type any more).

    Thanks Kryypt!

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    hlk
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    I think the glaring issue is the "FDA Approved" nonsense.
    I hope they understand that by having to approve vape hardware it will be a nightmare for all of us including them. I understand on the liquid side people should know what they are inhaling but hopefully they will change their position on the hardware. If not then what will it take to get FDA approval?
    This is the part we need sorted out so the industry can continue as it has.

    The genie is already out, the FDA is late to the game and there will always be a way to sell them even with the regs.

    Look at the headshops and what they sell... You just need a disclaimer stating your hardware is not for vaping anything but water right?

    I see no way the industry will not get around anything they can throw at it..
    Last edited by hlk; 04-24-2014 at 07:12 PM.

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