Wording in the proposed state (IL, MD, and NY) - Just covers niquid or hardware too?

[curiousJan]

Can someone who speaks a bit more legalese than I give me their opinion of the wording of the proposed state bans? Would only niquid be banned, or hardware as well?

Thanks for you time and opinions!
Jan

[htchhikr]

The IL bill looks just like banning to minors.

[curiousJan]

The IL bill looks just like banning to minors.

Nope ... the wording is almost exactly the same as NY and MD.

It is a ban ... I just can't figure out if it's only the nicotine-containing products or hardware as well.

Jan

[jmathers]

Well the synopsis says:

"Provides that a product containing or delivering nicotine intended or expected for human consumption, or any part of such a product, that is not a tobacco product shall not be distributed or sold in the State or to consumers in the State unless it has been approved or otherwise certified for legal sale by the United States Food and Drug Administration as a tobacco use cessation, harm reduction, or modified-risk product, or for other medical purposes, and is being marketed and sold solely for that approved purpose. Establishes penalties for violations [Emphasis mine]."

So it would appear that both nic juice ("a product containing") and PVs ("delivering nicotine") would be affected.

Jeff

[curiousJan]

Well the synopsis says:

"Provides that a product containing or delivering nicotine intended or expected for human consumption, or any part of such a product, that is not a tobacco product shall not be distributed or sold in the State or to consumers in the State unless it has been approved or otherwise certified for legal sale by the United States Food and Drug Administration as a tobacco use cessation, harm reduction, or modified-risk product, or for other medical purposes, and is being marketed and sold solely for that approved purpose. Establishes penalties for violations [Emphasis mine]."

So it would appear that both nic juice ("a product containing") and PVs ("delivering nicotine") would be affected.

Jeff

But does the fact that many use 0mg niquid in their PV have any effect? I guess that's the root of my question; can the hardware be 'spun' as unrelated to nicotine delivery thus leaving only the status of niquid in question.

Jan

[bobbysox10]

if you want 0nic you can order propylene glycol, vegetable glycerin and flavorings and make your own 0 nicotine. so easy and it is not risk cause none of that stuff is harmful in any way shape or form. Me my self I am going to half to stock up and get atleast a 1 year supply I don't see my self quitting any time soon.

[RoKeM]

I have been wondering this same thing; it would be total BS if they ban the hardware! I can buy weed pipes all day long in every mall in America just because it’s sold under the disguise of an “Herbal Tobacco” pipe! I don’t see how the “Food and Drug Administration” has anything to do with an electronic device?!?

[5cardstud]

They just don't like it when you mess with their money. All they care about is money not health. You can still order the meterials to build your own pv.

[ChipCurtis]

I would compare the e-cig hardware to something like rolling papers or pipes ("peripherals") which I don't think can possibly suffer the same regulatory fate as the substance containing the drug in question.

I think they basically left this a grey area on purpose, hoping that most people who don't know anything about pre-filled carts or e-liquid to assume the whole e-cig device and the nicotine are one and the same thing.

Then, they will wait to see if there is any social outrage about this. They are betting that there won't be.

If these bills pass, I think we can make a lot of hay out of this using any number of techniques mentioned on this forum, such as letting yourself get fined for vaping pure VG and then get a chance to turn the courtroom into a circus.

[Katattack]

Reading the proposed legislation over and over and over. I too think a loophole is left for the device it's self.