U.S.A: PACT Act 2009

[JerryRM]

Okay Jerry, let me break it down for you in a way that is maybe easier to understand.

A statute is passed that says: It will be hereinafter illegal to wear yellow shirts made out of cotton.

Do you know how foolish you would sound saying "Omigod, they are going to prevent me from wearing my favorite blue nylon shirt"?

Although the statute only outlawed yellow cotton shirts, you mistakenly assumed it outlawed all shirts.

That is exactly what you are doing here. The PACT Act, as written, covers "cigarettes" and "smokeless tobacco" products. Both of those things have a specific definition found in the act. They are two specifically defined kinds of tobacco products, out of the whole universe of "tobacco products" (it doesn't cover cigars, or pipe tobacco, either).

You are saying that if the ecig is ruled a "tobacco product" (a shirt), omigod the PACT Act must apply to it, despite the fact that it only applies to specific tobacco products (yellow, cotton shirts).

Yvilla, I got it, before the simplified explanation. I re-read my original message and I change my original wording from "then we are effectively banned, by the PACT Act." to "then it's possible that we could be banned by the PACT Act."

I don't trust them.

[Pyrate]

Ok, here is a question. If e-cigs are eventually classified as "tobacco products" by the FDA what is preventing them from falling under the PACT Act?
Just because a Government document doesnt specifically define them doesnt mean that they wont target them.
I think you are falsely assuming that they wont target e-cigs/e-liquid should they be classified as "tobacco products".
Wouldnt it be safer to err on the side of caution and prepare for the possible (and highly likely fact) that e-cigs/e-juice will be targeted.
Again, this is the Government. Most likely they will.

[Slickstick]

It does specifically state cigarettes and smokeless tobacco. These devices are neither. It is nicotine vapor. There is no smoke or tobacco in it.

Could The Pact Act be altered to include these devices, or is it over and done with?
I am thinking they would have to come up with something new entirely and start all over.

[JerryRM]

I wish I could stock up, unfortunately I'm the only one paying rent/utilities and leaves me with nothing left.... not a happy camper at all.

in another thread, about CVS Pharmacy selling e-cigs online w/o flavors other than menthols also sort of worries me. The reason I bring this up is its because its basically as if their treating it like its a tobacco product by not putting out flavors. At the same time though, I can see why they did that... since the FDA prolly wouldn't of allowed it either way.

Ashley, I know what you mean, I'm the one paying the bills also. But look at it this way, no matter how much you stock up, it's not going to last forever. E-juice is only good for one to two years. Just do what you can an hope for the best outcome.

I am surprised that CVS is selling the e-cig, considering all the negativity about e-cigs. Last time I checked, it's selling the NJOY brand.

[yvilla]

Ok, here is a question. If e-cigs are eventually classified as "tobacco products" by the FDA what is preventing them from falling under the PACT Act?
Just because a Government document doesnt specifically define them doesnt mean that they wont target them.
I think you are falsely assuming that they wont target e-cigs/e-liquid should they be classified as "tobacco products".

No one (not me, at least) ever said ecigs might not be targeted - for all sorts of unwanted and unpleasant legislation.

The only thing I have been trying to get across is the the PACT Act - which is already written - simply does not and would not cover ecigs, no matter whether they are ruled "tobacco products" or green cheese.

If they want to target them, they will have to write legislation that targets them! And if they specifically want to prevent their being sold online and sent through the mails, they will have to amend the PACT Act (change it's language), or write new legislation covering them!

[Slickstick]

I believe this is the case as well.

Jules done went and killed herself over nothing.

[JerryRM]

Jules done went and killed herself over nothing.

I think we should have a memorial service for Jules. She gave her life for the benefit of all e-cig users. Maybe an ECF medal is in order too.

[MBK]

if e-cigs were somehow classified as a tobacco product, as i understand the only things that would be regulated would be e-juice and pre-filled carts... i think everything else is just paraphernalia

[scottjamez]

Ahh. So my next question would be, IF Judge Leon ruled for SE and labels nic liquid as a tobacco product, would this even apply to nic liquid or e-cigs? If I'm reading this correctly, even if SE won this round, nic liquid STILL wouldn't fall under the PACT Act defining cigarettes or smokeless tobacco. Am I right or wrong?

If nic liquid is classified as a tobacco product then yes, I can see it having trouble. But wouldn't this just place batts, atties, carts, etc in the same place as a water bong and other ......... smoking devices? You can buy them at headshops everywhere and even some gas stations.

[MBK]

yes that's how i see it as well