Change {dot} org petition for congress to reject the deeming regs

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Lessifer

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@Lessifer , I was looking at it again and I think FDA has an interesting legal problem with the deeming. Suppose for a moment that it gets in court and it gets to the point were the judges are questioning whether the deeming is within the intended scope of FSPTCA etc. What FSPTCA says is that all current (at that time) products containing tobacco leaves shall be regulated in a certain way, and leaves the door open to FDA that if they identify a completely new tobacco product (let's say someone starts producing tobacco teabags) they can "deem" them.

Problem is that nicotine and liquid nicotine (which FDA wants to deem) are not a new product. They existed long before FSPTCA and were known to exist to the Congress when they wrote the law. Question arises why Congress didn't include them in the law at that time and it can be construed that it was because it was not their intention to cover them within FSPTCA scope.
Oh I definitely believe there is a legal case. I'm hoping there is someone, some company or group preparing to fight that legal battle. I'm not sure if Njoy will step up again, though I would support them if they did.
 

caramel

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Oh I definitely believe there is a legal case. I'm hoping there is someone, some company or group preparing to fight that legal battle. I'm not sure if Njoy will step up again, though I would support them if they did.

Since you mentioned Njoy. I'm led to believe that FDA knew from the beginning that nicotine was not covered by FSPTCA and that's why they tried first to go the "drug" route.

BTW independent testing shows that Njoy liquids are free of diacetyl, there's a simple way to support them :D
 

Lessifer

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Since you mentioned Njoy. I'm led to believe that FDA knew from the beginning that nicotine was not covered by FSPTCA and that's why they tried first to go the "drug" route.

BTW independent testing shows that Njoy liquids are free of diacetyl, there's a simple way to support them :D
I've tried one of the AC, good but pricey for me. I even started a thread discussing them awhile back :D
 

caramel

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Oh I definitely believe there is a legal case. I'm hoping there is someone, some company or group preparing to fight that legal battle. I'm not sure if Njoy will step up again, though I would support them if they did.

I'm led to believe that FDA is bluffing and they know it. All the antz smoke and mirrors are designed to hide the fact that nicotine is not a new tobacco product and thus can't be "deemed" a new tobacco product.
 

Lessifer

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I'm led to believe that FDA is bluffing and they know it. All the antz smoke and mirrors are designed to hide the fact that nicotine is not a new tobacco product and thus can't be "deemed" a new tobacco product.
Well, the problem is that this is law and regulation, where logic is not necessarily king. They CAN deem it as tobacco, and while it may not hold up in court, someone would have to challenge it for that to be tested. It's good to know that there will still be avenues to pursue, but those avenues will be expensive, and are by no means certain.
 

KattMamma

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Katya

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I'm led to believe that FDA is bluffing and they know it. All the antz smoke and mirrors are designed to hide the fact that nicotine is not a new tobacco product and thus can't be "deemed" a new tobacco product.

This has been discussed here ad nauseam--here's one of the most contentious and informative threads on the subject:

Nicotine - "Derived From Tobacco" Implies Logical Absurdity | E-Cigarette Forum

that originated here:

CASAA's Basic Background for Understanding FDA Regulation of E-Cigarettes | E-Cigarette Forum

I'm afraid that that ship has sailed. But I would be very happy if someone proved me wrong.
 

Lessifer

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This has been discussed here ad nauseam--here's one of the most contentious and informative threads on the subject:

Nicotine - "Derived From Tobacco" Implies Logical Absurdity | E-Cigarette Forum

that originated here:

CASAA's Basic Background for Understanding FDA Regulation of E-Cigarettes | E-Cigarette Forum

I'm afraid that that ship has sailed. But I would be very happy if someone proved me wrong.
I didn't read through the whole thread, but I did read some. I wonder if it could be argued that the intent was to protect consumers from potentially more harmful cigarettes, but with the inclusion of "modified risk" there is an opening for less harmful products. A category that the fda has been negligent in exploring.
 

Jode

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I am not complaining about the pace of signatures, but I so wish this thread was getting the exposure that some other ones are. Many of the in house arguments/discussions and what not may not even matter if we cannot get congress to reject deeming regs. Am I missing something here? I would think this would be absolutely top priority for us as a community. I am not trying to dismiss the importance of creating an industry that is as safe as it can be or upfront and honest about what is being sold to customers but it seems we are trying to fight too many battles at once. Seems a little cart before horse to me or am I just still too new of a vaper to know how fighting for vaping works. There are so many here (on ECF) that have a much richer vape history then myself, so maybe one of you can help me to understand why this petition is not of highest priority right now.
 

Robino1

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It's a twofold battle. If we, as a fledgling industry, can't get our own house in order the government will surely step in. We need to be fighting BOTH battles. In fact, there are more than just these two that are being fought. There are serious battles being fought at the State level, all while these other things are going on.


They are ALL important.
 

KattMamma

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I could be wrong, but I suspect that the most vocal and active members in the "controversial" threads have probably already signed the petition. Maybe a few there haven't, I dunno.

I understand your frustration though Jode - but the number of signatures hasn't stopped going up. It does seem to go through fits and starts... probably as the link appears here or there it gets a few dozen sigs in a short period of time. So there's the answer... let's keep posting it here and there!!
 

Jode

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It's a twofold battle. If we, as a fledgling industry, can't get our own house in order the government will surely step in. We need to be fighting BOTH battles. In fact, there are more than just these two that are being fought. There are serious battles being fought at the State level, all while these other things are going on.


They are ALL important.

Thanks Robino1. I got it. I was thinking of this as a front line defense where in reality we need to have several strongholds if we want to come out of this in one piece. I am not very good at understanding war/battle tactics. I guess I am just frustrated that this is not getting more exposure. I totally agree that we need to figure out so many issues in house or it will be decided for us. And I am not trying to say things like vender honesty is not an important issue. We should know what is in our vapes.

I could be wrong, but I suspect that the most vocal and active members in the "controversial" threads have probably already signed the petition. Maybe a few there haven't, I dunno.

I understand your frustration though Jode - but the number of signatures hasn't stopped going up. It does seem to go through fits and starts... probably as the link appears here or there it gets a few dozen sigs in a short period of time. So there's the answer... let's keep posting it here and there!!

You Ladies are both correct and Im sorry for being a Debbie Downer (no offense to Debbies out there :p). I am usually a very patient person and I do really enjoy seeing the numbers go up. I think I am reacting out of fear. Vaping and this community has become such an important part of my life and I get a bit frightened when I think of it's future. It must be those mother instincts. I will change my attitude and return to the world of thinking positive and standing strong and proud!!!:thumbs:
 

KattMamma

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I rarely comment on articles I find on the internet, but just today decided to do more active commenting and dropping the link to the petition in my comments. I'm using my disqus account to do this, but some articles only allow fb logins to comment... I am undecided whether I'll go that route but maybe others can (I hate fb lol)
 

caramel

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I am not complaining about the pace of signatures, but I so wish this thread was getting the exposure that some other ones are. Many of the in house arguments/discussions and what not may not even matter if we cannot get congress to reject deeming regs. Am I missing something here? I would think this would be absolutely top priority for us as a community. I am not trying to dismiss the importance of creating an industry that is as safe as it can be or upfront and honest about what is being sold to customers but it seems we are trying to fight too many battles at once. [...]

The reality is that the community is divided between those that want the government to take care of their safety, and those that, understanding how intrusive such approach is, are rather willing to deal themselves with this aspect.

On top of it there's the shills hammering "think of the children" arguments into our heads.

Put them together into a diacetyl thread and great activity will ensue.
 

AndriaD

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I rarely comment on articles I find on the internet, but just today decided to do more active commenting and dropping the link to the petition in my comments. I'm using my disqus account to do this, but some articles only allow fb logins to comment... I am undecided whether I'll go that route but maybe others can (I hate fb lol)

Just because you have a FB acct, you don't have to use it -- I rarely EVER use it, except as a way of logging in on other sites, and a place to post vaping links that need more exposure -- such as this petition! I keep Tweeting, FBing, and G+'ing it daily!

Andria
 
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