Ban on Internet Sales?

[Wolf308]

I just wanted to check. I overheard a conversation briefly today when I went to the local place to pick up some atty heads. The customer was telling the shop owner that he heard "they" are trying to ban the sale of e-liquid online. I didn't hear the entire conversation as I got there midway through and was in a hurry so I left before it was over. Is there any truth to what this guy was telling the shop owner?

[ingerri]

sorry havent heard anything...they sell tobacco and "tubes" online so i dont know what the problem with ejuice would be.

[TennDave]

No law yet (at least federally) but there is a fear that this can happen when the FDA renders its decision regarding ecigs and nicotine.

[DantesInferno]

I can definitely see the FDA poking its head in the matter to try and regulate it. Government gets in everything else. Cigarettes where I'm at are already 7$/pk so they get what they want. People quit smoking. How dare we try to substitute the nicotine dependence by using ecigs. They'd rather we buy the cigarettes so they can tax the hell out of us.

[mwa102464]

Worst case scenario is still we can buy a bottle of VG/PG/Flavoring, then add our purchased nic from the black market, so much Hype rutcous about all this. Unless they regulate a lot of other things on the internet like buying any drugs, or just about whatever you freaking want I just dont see how there going to stop it or why at this point, what evadence do they have that someone was harmed from vaping to date ? none,,,,,, All these politicians we have in the USA today should all be investigated from the top down and most would end up in jail, We need to keep fighting the FDA and anyone who wants to ban anything to do with this industry that's for sure, never quit fighting them.

[Fezzed]

Apparently the shooter in Colorado bought most of his ammunition online. It's completely legal and no one has any plans to regulate that online business. BUT, if I want to save my own life and stop smoking cigs, the FDA has something to say about that!

It seems that eliquid is more of a danger to society than bullets.

[grandmato5]

The FDA has said they will issue their Deeming Regulation for ecigs this summer. Along with that Deeming Regulation should be a list of proposed regulations specifically for regulating ecigs. Until we see what the FDA proposes there is no way to know for certain what those regulations will be. History of the FDA and ecigs indications we certainly are not going to like their proposed regulations but until we see them in writting we wait to find out exactly what they propose.

[Stubby]

When and if the deeming regulation occurs another thing to watch out for is if e-liquid gets rolled into the PACT act.

The PACT act went into effect in June of 2010. This made it illegal to ship tobacco through the US mail, except for pipe tobacco and cigars. It is still legal to ship tobacco with UPS but requires an adult signature on delivery. UPS has a policy of not delivering cigarettes, both RYO or ready mades, but does deliver smokeless tobacco, with an adult signature of course. The PACt act also requires the seller to collect the taxes. This can be a nightmare as every state has a different tax rate on smokeless tobacco. Venders also have to register with every state on an individual basis. When the PACT act went into effect several small snus venders went out of business as the red tape was a nightmare. They simple didn't have the resources to deal with it. If e-liquid got rolled into the PACT act I would expect most venders would be gone in short order. There would be just a few large venders who would have the resources to deal with it. Without a doubt prices would go up.

Another aspect of a deeming regulation is that every e-liquid would have to be registered with the FDA. This means every flavor, and possible every nicotine strength. This is yet another bureaucratic nightmare. If the FDA deems that e-liquid was not on the market before February 15 2007 it is not grandfathered, so a whole new set of problems occurs. I'm not quite sure what happens at that point except that it is not good.

Some states have laws that prevent delivery of any tobacco product from internet sails. The two that I know of are Maryland and Wisconsin. I can still get snus in Wisconsin but I can't buy it from any US based locations, except brick and morter. I have to get it shipped from Sweden. On my last order shipping alone was $55.

The PACT act has been a very bad thing for snus and nasal snuff users. The price of shipping is very high as there is an extra charge because of the need for an adult signature. A deeming regulation by the FDA, along with e-liqiud getting rolled into the PACT act (these are two separate issues but a deeming regulation would open the door for the later) would very likely wipe out most venders, and those that survived would be forced to charge much more. Just having to register every flavor and nicotine strength with the FDA would alone wipe out nearly all small venders.

[rwoodin]

From what I see on the FDA website, FDA is pretty much already laid out it's 'Draft Guidance for Industry;Availability:Modified Risk Tobacco Product Applications'. In skimming through the document, it don't look to good for the home team. Here is a snippet of the draft doc pertaining to interstate sales...

...'Modified risk tobacco products are tobacco products that are sold
or distributed for use to reduce harm or the risk of tobacco-related
disease associated with commercially marketed tobacco products (section
911(b)(1) of the FD&C Act). No person may introduce or deliver for
introduction into interstate commerce any modified risk tobacco product
unless an order issued pursuant to section 911(g) of the FD&C Act is
effective with respect to that product (section 911(a) of the FD&C
Act).'...

And it also looks to me like they are still regulating ecigs under the FD&C act. I thought the whole basis of the successful NJOY case was that ecigs are not able to be regulated under the FD&C act?

Here is the link to the draft doc. that was posted on FDA this past April... Draft Guidance for Industry; Availability: Modified Risk Tobacco Product Applications

[CapitalPuff]

The FDA has said they will issue their Deeming Regulation for ecigs this summer. Along with that Deeming Regulation should be a list of proposed regulations specifically for regulating ecigs. Until we see what the FDA proposes there is no way to know for certain what those regulations will be. History of the FDA and ecigs indications we certainly are not going to like their proposed regulations but until we see them in writting we wait to find out exactly what they propose.

And we ALL must take part in the opportunity for public comments that will come after they make public their deeming regulation.