check list 4 FDA legal status
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    Default check list 4 FDA legal status

    Check list of E-cigarette journey to legal FDA status

    1. Tobacco or Drug- We will assume tobacco

    2. Did E-cigarettes have to be tobacco products (including tax stamp) prior
    to Feb. 2007 to avoid "new product" testing requirements ?

    3. Flavoring or no flavoring

    4. Amount of Nicotine ?

    5. Sealed or refillable ?

    6. Federal and States taxes.

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    Not sure what you're getting at. Are you saying these are the steps to "approval?" Do we really want "approval?" I say no- we want the FDA to just butt out and stay out! To have FDA status means to be "controlled" and that does mean taxes down the road for us. I just can't imagine that. Others can chime in.
    Btw, I don't think any of the 1-6 has happened yet. We are apparently close to #1 which is not a good thing either.


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    FDA has authority over drugs and Congress gave the FDA authority over tobacco so FDA regulation is unavoidable.
    #1, if FDA is forced to concede, E-cigarette will be tobacco products I am guessing #2-would be FDA fall back point and next legal challenge.
    #3,4 and 5 are regulations that has a tobacco product under FDA control future E-cigarettes will face.
    #6 is government loves to be able to tax anything with the word tobacco attached to it.

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    Excuse me if I sound stupid but there is no tobacco in e liquid, correct? If I assume there is not, it is not under FDA jurisdiction. Is nicotine classified as a drug? Yes but not under FDA juridiction. I don't believe so or we wouldn't be able to buy it without a prescription. I can't imagine how they will twist this to fall under their RULE.
    Last edited by JupiterV; 04-14-2011 at 03:54 PM. Reason: research

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    Quote Originally Posted by JupiterV View Post
    Excuse me if I sound stupid but there is no tobacco in e liquid, correct? If I assume there is not, it is not under FDA jurisdiction. Is nicotine classified as a drug? Yes but not under FDA juridiction. I don't believe so or we wouldn't be able to buy it without a prescription. I can't imagine how they will twist this to fall under their RULE.
    The FDA has jurisdiction over tobacco as well. The difference is that there are limits to what they can do to restrict tobacco products. Whether or not our juices are tobacco products is not yet fully settled -- in the interim, they are considered tobacco products.

    IMO, we are better off if they are considered tobacco products, because if they are not, then they are drug delivery devices and would be subject to very strict controls. Essentially, it would mean that only pharma companies could produce them.

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    [rant]
    I know this isn’t going to happen this way but this is just how i feel things SHOULD work out.

    The FDA should not be involved with E-Cigs AT ALL.

    They have the ability to control TOBACCO; E-Cigs are NOT a tobacco.
    They have rights to DRUGS; Nicotine is a drug but not under FDA rules any more than caffeine.

    I guess I’m with a few others, i don’t think they should be allowed to have any rights over them at all. They are manipulating things to make it appear like it is something that they have the right to control and when that don’t work they use terrorism to make people scared and vote for them to have control anyways.

    The way i see it is that the vendors as well as the consumers of E-Cigs have been doing a FAR better job at regulating the quality and use of E-Cigs than the FDA has EVER done with any of its approved drugs and food control. Look at how many bad drugs there are out there, hell look at how many there are that are less than even one year old. E-Cigs have been around for at least 6 years and we have had no problems with them since their inception.

    My opinion is the FDA needs to be fired in all forms and completely revamped in methods and legality. This FDA system is NOT working at all in its present form.

    Anymore the whole of all government makes me simply want to cessate from the entire planet earth just so i can get away from all the government "Protection" i am force fed.
    [/rant]
    Last edited by nerofiend; 04-14-2011 at 09:47 PM.
    Rick.45cal and Yokar75 like this.

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    Well put neuro- I totally agree and rant with you!


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    Quote Originally Posted by JupiterV View Post
    Excuse me if I sound stupid but there is no tobacco in e liquid, correct? If I assume there is not, it is not under FDA jurisdiction. Is nicotine classified as a drug? Yes but not under FDA juridiction. I don't believe so or we wouldn't be able to buy it without a prescription. I can't imagine how they will twist this to fall under their RULE.
    Most of the nicotine used in juices etc is derived from tobacco. I've only heard of a couple that use other means of getting nicotine. As such, it can be considered a tobacco product. Add to that, that when the FDA did testing, they detected Tobacco Specific Nitrosamines, which are carcinogens found only in tobacco. So, we have two issues that could warrent the FDA looking at e-cigs as tobacco products. One doesnt need to twist this for it to fall under their rule. Its nicotine derived from tobacco.

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    Quote Originally Posted by nerofiend View Post
    My opinion is the FDA needs to be fired in all forms and completely revamped in methods and legality. This FDA system is NOT working at all in its present form.
    Its actually working very well.... for Big Pharma. I agree that its a load of crap and that it isnt about whats in the best interest of the public the FDA is supposed to be looking out for. I agree that Big Pharma is only concerned with how many dollar bills it has lining its pockets. I agree that the FDA is happier knowing that the NTR's it has approved and Big Pharma is selling has an 80% failure rate that creates an endless circle of quitters and recidivism. But thats precisely why its working very well. As long as you understand that it isnt about the PUBLIC, it isnt about protecting us from a billion dollar a year industry that helps fund and pay the FDA, then you see that its working. Its doing its job: keeping us warned of the occasional salmonilla laced peanuts, and protecting the financial interests of tobacco companies and pharmacutical conglomerates.

    -VP
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