The Real Scoop on FDA & eCigarettes!

[Liberate_Yourself]

Uhm...

Did you actually read that block of text?

The words "electronic cigarettes" are in the first sentence.

Also in the first sentence are the words "we have reviewed".

Unless the guy that pasted this is pulling it out of his ass, the FDA knows EXACTLY what they are and they're looking for them.

Let me also tell you this. You can "mislabel" your shipments all you like. Hell you can have the people in Shenzen write "kitten guts" on the box if you want. If that gets it through customs, wonderful for you. Here's the problem, though. What you're doing is misrepresenting the contents of a package or packages for the sole and exclusive purpose of evading customs seizures in the act of bringing federally regulated materials and or products into the United States.

You made a post in another thread (Smoking in school) talking about how people that have the attitude of "I'll smoke where I want" (or something to that effect) are the same kind of people that caused all of the smoking bans and issues in the first place.

Are you going to be the one that says "I'll evade customs and lie to the federal government to get my product into the country if I feel like it, because I don't want to fill out some forms and legitimize my business!"? If so then you're exactly the kind of person that's going to help bury the electronic cigarette industry in the United States and force people like me to go back to tobacco.

Good job, that. Go hang out with Jon from TheSafeCig. You guys'll make a hell of a team.

Whoa whoa whoa, slow it down a bit bud. You are putting words into people's mouths. And quite frankly, unless you are involved with the FDA, you are acting on speculation, quite like the rest of us. I didn't notice a supplier tag under your name, so there is really less of a need for you to be stressing out about the situation. Take a chill pill, and go yell into a pillow or something.

Too much tension on the forum these days.. lol

[LaceyUnderall]

Uhm...

Did you actually read that block of text?

The words "electronic cigarettes" are in the first sentence.

Also in the first sentence are the words "we have reviewed".

Unless the guy that pasted this is pulling it out of his ass, the FDA knows EXACTLY what they are and they're looking for them.

Let me also tell you this. You can "mislabel" your shipments all you like. Hell you can have the people in Shenzen write "kitten guts" on the box if you want. If that gets it through customs, wonderful for you. Here's the problem, though. What you're doing is misrepresenting the contents of a package or packages for the sole and exclusive purpose of evading customs seizures in the act of bringing federally regulated materials and or products into the United States.

You made a post in another thread (Smoking in school) talking about how people that have the attitude of "I'll smoke where I want" (or something to that effect) are the same kind of people that caused all of the smoking bans and issues in the first place.

Are you going to be the one that says "I'll evade customs and lie to the federal government to get my product into the country if I feel like it, because I don't want to fill out some forms and legitimize my business!"? If so then you're exactly the kind of person that's going to help bury the electronic cigarette industry in the United States and force people like me to go back to tobacco.

Good job, that. Go hang out with Jon from TheSafeCig. You guys'll make a hell of a team.

No. I am sorry. Maybe I wasn't clear. There is a way to mark the boxes properly and for what they are. Using the words "health" "quit smoking device" and "cigarette" are not what they are.

Also - please don't compare me to any of the other "claimers". I have made very clear what my intentions are around here... I am working for all of us to ensure that we have our e-cigs until the day we die. I am doing everything I can to make sure that we can all enjoy our e-cigs safely and not having to hide in our basements or closets. Have you come up with any assistance for the homeopathic idea that I am working on? Nope. But I wish you would focus your energy on that for me.

[LaceyUnderall]

I wonder if there might be a misunderstanding here.

Lacey might be saying that 'electronic cigarette', 'healthier' and 'quit smoking device' are mislabelling?

If any such label or claim is used for importing then the FDA can stop the shipment because they have jurisdiction.

If no claims are made and the devices are labelled something like 'personal vaporisers' (which is what they are) then the FDA do not have jurisdiction?

What about flavoured liquid nicotine intended to be inhaled, how can that be honestly labelled and imported?

Yes. This is what I meant. Terraphon... I by no means condone any "claims" marketing or mis-labelling or anything like that.

[SupplierX]

If the FDA were after e-cigarettes, we would have already been shut down or all of the suppliers would have atleast recieved a threatening letter. A simple google search would provide the FDA with every US supplier, making it very easy to shut us down. We are all still here. I cannot speak for the rest of the suppliers, but I have yet to be contacted by FDA.

[Kate]

We've been around this one before Taley - Anyone running into problems with customs?

They are stopping some shipments coming into the country, it would be a bigger job to enforce the rules with products already on sale.

[LaceyUnderall]

And... as you can see from Kate's link (and there are even more on ECF I will be happy to dig up if we need too...) many, many suppliers have weighed in on this and we are just not having the problems with the FDA.

[Terraphon]

Whoa whoa whoa, slow it down a bit bud. You are putting words into people's mouths. And quite frankly, unless you are involved with the FDA, you are acting on speculation, quite like the rest of us.

Actually, in this case I'm acting off of quoted law. There's no speculation to be had there, really. I'm just taking what the FDA said and going with that. Here's what they're saying.

(a) Necessity of effective approval of application

No person shall introduce or deliver for introduction into interstate commerce any new drug, unless an approval of an application filed pursuant to subsection (b) or (j) of this section is effective with respect to such drug.

Here's what this means; If you want to sell e-cigs in the U.S. you MUST have an application to do so submitted and approved. If you don't they can burn you.

If you'd like information on how to file such an application, I'll be happy to provide that.

I didn't notice a supplier tag under your name, so there is really less of a need for you to be stressing out about the situation. Take a chill pill, and go yell into a pillow or something.

Too much tension on the forum these days.. lol

No supplier tag != no investment in the industry. I, at this time, have not only a financial but also an emotional and physical stake in the industry. What happens with e-cigs directly affects me and that means that I'm going to do what I can do to help legitimize the devices and the industry as a whole.

No. I am sorry. Maybe I wasn't clear. There is a way to mark the boxes properly and for what they are. Using the words "health" "quit smoking device" and "cigarette" are not what they are.

I see, now. I misunderstood part of what you were saying which then cascaded in to me mis-reading the whole post so I got a bit frisky. I was actually on the complete opposite side of what it actually seems you're saying and was under the impression that you were saying that mislableing shipments is the way to go.

You have my apologies.

Also - please don't compare me to any of the other "claimers". I have made very clear what my intentions are around here... I am working for all of us to ensure that we have our e-cigs until the day we die. I am doing everything I can to make sure that we can all enjoy our e-cigs safely and not having to hide in our basements or closets. Have you come up with any assistance for the homeopathic idea that I am working on? Nope. But I wish you would focus your energy on that for me.

Again, this was based on a misinterpretation and my statement holds no water. I'm going to edit my original post to reflect that.

When I f.ck up, I say I f.cked up and...in this case...I f.cked up.

Don't get used to it

Yes. This is what I meant. Terraphon... I by no means condone any "claims" marketing or mis-labelling or anything like that.

Gotcha

If the FDA were after e-cigarettes, we would have already been shut down or all of the suppliers would have atleast recieved a threatening letter. A simple google search would provide the FDA with every US supplier, making it very easy to shut us down. We are all still here. I cannot speak for the rest of the suppliers, but I have yet to be contacted by FDA.

They're not "after" e-cigs. What they want is consistency and compliance with U.S. code. Those who choose to not follow that code are asking for a world of hurt.

[Kevin]

Actually, in this case I'm acting off of quoted law. There's no speculation to be had there, really. I'm just taking what the FDA said and going with that. Here's what they're saying.

(a) Necessity of effective approval of application

No person shall introduce or deliver for introduction into interstate commerce any new drug, unless an approval of an application filed pursuant to subsection (b) or (j) of this section is effective with respect to such drug.

Here's what this means; If you want to sell e-cigs in the U.S. you MUST have an application to do so submitted and approved. If you don't they can burn you.

If you'd like information on how to file such an application, I'll be happy to provide that.

What new drug might you be talking about? I'm I missing something here.

[LaceyUnderall]

Terraphon - No worries. I appreciate your making good

[Kate]

Have a read Kevin - The Real Scoop on FDA & eCigarettes!