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| Notices |
| Law and the E-Cigarette Discuss the laws that govern the sale of e-cigarettes where you live. |
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#21 |
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Full Member
Join Date: Nov 2008
Location: Texas
Posts: 99
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Sounds good to me, I'm no legal expert and have no idea how it will be classified in the end. Just had an idea and thought I'd throw it out there
![]() But since we are placing bets put me down for $200 on 'a ban won't affect the people who can make their own anyway.' Speaking of which I am working on that home-extraction process, I did one that was pretty solid but I think I can make a better/purer recipe without adding additional labor to the process, but in either case it will be written up for you after I finish the toxicity report I've been workin on. |
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#22 |
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PV Master
ECF Veteran
Join Date: Jan 2008
Location: Port Charlotte, FL USA
Posts: 5,614
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I really look forward to your discoveries on that. I've not been satisfied with my homebrew, and not knowing the nicotine content is troubling. Obviously, a user doesn't want too much or too little.
I love these things and have used them since last January. I've posted reasons why I think they should be allowed (although regulated). I also think people need to get real that not everyone thinks our present practice is hunky-dory. I sometimes refer to blissful souls wearing rose-colored glasses; Trog calls them happy bunnies in la-la land. Those are the folks who need to think hard on how we obtain approval with realistic arguments and science on our side, and/or how we become self-sufficient if nicotine liquid becomes a banned substance. |
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#23 | ||
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Super Member
ECF Veteran
Join Date: Nov 2008
Location: Mexico
Posts: 422
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Quote:
Quote:
We will always have a source of nicotine, we just need the knowledge for get it, maybe even can be taken from patches or gum and then be added to PG and flavor, the main concern to me is the fact that anti-smokers will succeed to ban the device due to the shape and design can encourage people to smoke (analogs or electronics), they have succeed to put smoking as a terrible habit, and they will want to keep it that way. We really NEED to change the design and consider seriously the BIG fact that this things can be used without nicotine (the user will can add it anyway). |
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#24 |
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PV Master
ECF Veteran
Join Date: Jan 2008
Location: Port Charlotte, FL USA
Posts: 5,614
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New designs that do not resemble traditional tobacco products are coming. But remember that it is the customer driving the design in many cases. How many newbies come to this forum and their first question is: "Which e-cig looks most like my Marlboro and which flavor tastes most like my Marlboro?"
Makers all raise their fistfulls of money to beckon the newbie over to the Super-Mini Side. It's the plot adjacent to Returned To Real Cigarettes Side. No one should go there. But you are absolutely correct the appearance of e-smoking devices might well doom them -- in many countries besides yours. |
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#25 | |
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ECF Guru
Join Date: Jan 2009
Location: Florida
Posts: 10,366
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#26 |
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Ultra Member
ECF Veteran
Join Date: Nov 2008
Location: Port Arthur, Texas
Posts: 1,169
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I fell for the super-mimi when I first started and that was a waste of money. I really enjoy my penstyle and I tell everyone they are the best buy.
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#27 | |
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ECF Guru
Join Date: Jan 2009
Location: Florida
Posts: 10,366
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#28 |
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Member
Join Date: Jan 2009
Posts: 1
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Two weeks ago an order of mine was held at customs, when i stated to ask questions i found out the FDA was holding it and then received this e-mail. At this point no one has contacted me and i'm not ure what to do. I know there must be some way everyone else , smokingeverywhere.com and minicig.com is getting around these laws. If you hae any idea's please tell me. Thanks!
Please be aware that electronic cigarettes that we have reviewed are drug-device combinations under section 503(g)(1) of the Federal Food, Drug, and Cosmetic Act (the Act) (21 U.S.C. 353(g)(1)) with their "drug" uses, as defined by section 201(g) of the Act (21 U.S.C. § 321(g)), as the primary mode of action. In this regard, these products contain no tobacco leaf or stem material, but are designed to look like conventional cigarettes. They are intended to be manipulated and used (inhaled) in ways similar to how a smoker manipulates and uses conventional cigarettes. And, like conventional cigarettes, they are intended primarily for the delivery of volatilized chemical substances to affect the body's structures and functions and/or to mitigate or treat the symptoms of nicotine addiction through a chemical or metabolic action on the body. The "electronic cigarettes" that we have reviewed are designed with a re-chargeable battery-operated heating element that volatilizes the chemical constituents contained within replaceable cartridges. These cartridges may or may not include nicotine. Since we are not aware of any data establishing that such products are generally recognized among scientific experts as safe and effective for these "drug" uses, they are "new drugs," as defined by section 201(p) of the Act (21 U.S.C. § 321(p)) requiring approval of an application filed in accordance with section 505 of the Act (21 U.S.C. § 355) to be legally marketed in the United States. None of these so-called "electronic cigarettes" is covered by an approved NDA. Thus, the marketing of them in the United States would be subject to enforcement action, which is why your products have been detained. Furthermore, the "electronic cigarettes" that we have reviewed are not subject to the Federal Cigarette Labeling and Advertising Act (FCLAA), Pub. L. No. 89-92, (15 U.S.C. §§ 1331 et seq), nor are they subject to the Comprehensive Smokeless Tobacco Health Education Act (CSTHEA), Pub. L. No. 98-474 (1986), (15 U.S.C. §§ 4401 et seq). Thus, they do not fit within the regulatory scheme that Congress has established for tobacco products. |
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#29 |
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PV Master
ECF Veteran
Join Date: Jan 2008
Location: Port Charlotte, FL USA
Posts: 5,614
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You have posted the first volley in the War on E-Cigarettes to be waged by the FDA.
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#30 | |
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Senior Member
Join Date: Jan 2009
Location: IL, USA
Posts: 157
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Someone needs to sick a lawyer on them,
Quote:
Pipe tobacco is not covered under FCLAA or CSTHEA either and I get plenty of that from UK companies. |
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| JustPuff.com - Electronic Cigerettes | This thread | Refback | 04-07-2009 11:16 AM | |
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