FDA FDA deeming regulation proposals

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jusvape86

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Oct 2, 2014
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My quick wash after reading the proposed new regulations:

  • Bottom line, up front: We didn't get the whole loaf, but we got more than half of it.
  • FDA did their homework on e-cigs
  • The labeling and age restriction requirements are consistent with the e-cig community's opinions
  • Some B&M and small boutique vendors will struggle to stay in business
  • The tardiness of these new regs is telling us a lot about FDA's struggle to identify e-cigs as a legitimate threat to the public health
  • There will most likely be no banning of flavored e-liquids
  • Liquid nicotine (unflavored) will still be widely available

I have not read the proposed regs thoroughly. This just represents my early impressions of FDA's first draft. My recommendation is that everyone within earshot provide well written comments using Roly's link above.

Sorry I've been away so long, y'all. I'm self employed and my "boss" has been a hard drivin' sunnofa biscuit eater since October.

Have you read the "Guidance" for premarket applications? It's very telling of how small business will be able to cope with these regulations. Spoiler Alert: They won't.

Google: "Draft Guidance for Premarket tobacco Product Applications for Electronic Nicotine Delivery Systems"
 

SilverBear

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Sep 30, 2009
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I'll just throw this out there... why not?...

If vape stuff is (now) being considered tobacco products, how long before USPS,
UPS, FedEx, DHL and the rest stop delivering packages? In NY, at least, NONE
of them will handle cigarette deliveries. None. That would also shut down
packages from China, I would imagine.
 
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TUS172

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Aug 13, 2011
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Tucson
I'll just throw this out there... why not?...

If vape stuff is (now) being considered tobacco products, how long before USPS,
UPS, FedEx, DHL and the rest stop delivering packages? In NY, at least, NONE
of them will handle cigarette deliveries. None. That would also shut down
packages from China, I would imagine.
Whoa! Is Vermont the same? They've went overboard on regulations also.
 

skoony

Vaping Master
ECF Veteran
Jul 31, 2013
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saint paul,mn,usa
Posted elsewhere... but it appears CC processors are now closing services
to online vaping sites:

(quote)

Folks you had better get orders in fast from the looks of this !!

Hello friends.....I hope all is well. Things are not so well for MyVapeJuice.....my
credit card processor has just terminated my contract today...nice warning
hey...and without credit card processing I am done. So I am fighting but today
may be MyVapeJuices last day. They did this because now I am considered a
Tobacco manufacturer per the FDA and MC and VISA have strick rules about not
allowing tobacco sales online ever. So the battle begins and so far they have the
upper hand....but they have not won the war

(end quote)
MyVapeJuice, LLC is still on line today taking orders.
mike
 

sofarsogood

Vaping Master
ECF Veteran
Oct 12, 2014
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14,167
When someone is contemplating starting a business it all comes down to return on investment vs risk. One of the things the regulations intentionally do is make it impossible to evaluate the risks. The FDA has the authority to do literally anything at any time. Our expectation as free people has always been the powers of government are limited. That does not apply to vaping. The FDA is using their power to manipulate, not regulate.
 

creekside

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Feb 15, 2011
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49
Essex, MD
When I write my representative about Cole-Bishop, I'd like to provide numbers of jobs affected. I found a list of zip codes in my district. There are 61. Is there an easy to way to find vape shops by those zip codes? I've tried Vapeabout.com, but its search shows shops within X miles, and it would be a big pain to sort them. I just want to count them by zip code.
 

Kent C

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ECF Veteran
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Jun 12, 2009
26,547
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NW Ohio US
When I write my representative about Cole-Bishop, I'd like to provide numbers of jobs affected. I found a list of zip codes in my district. There are 61. Is there an easy to way to find vape shops by those zip codes? I've tried Vapeabout.com, but its search shows shops within X miles, and it would be a big pain to sort them. I just want to count them by zip code.

""Here in Tennessee there are over 400 businesses in the vape industry," he said. "That would mean over 5,000 people losing their jobs in the state."

About 15,000 business are spread nationwide, which could result in the loss of 250,000 direct and 150,000 indirect jobs, (Dimitris) Agrafiotis said."

Knoxville-area ‘vape’ shops say new FDA rules could kill industry
 

DaveP

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ECF Veteran
May 22, 2010
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Central GA
I just got a response from my GA senator, Johnny Isakson. At least he knows about HR2058 and will consider our wishes in any upcoming Senate vote.

Thank you for contacting my office regarding H.R.2058, the FDA Deeming Authority Clarification Act of 2015. I appreciate hearing from you and I am grateful for the opportunity to respond. That, and he didn't respond with an unrelated form letter.

H.R.2058 was introduced by Rep. Tom Cole (R-OK) and aims to change the grandfather date on the Federal Food, Drug, and Cosmetic Act by allowing e-cigarettes and vapor products to be remain on the market instead of being subjected to a new approval process after the FDA deemed e-cigarettes as tobacco products. Should this bill pass, all currently approved vapor products would be allowed to remain on the market without going through the pre-market approval process under the new tobacco regulations.

Currently, H.R. 2058 has been referred to the in the House Energy and Commerce Committee. Should this or similar legislation come up for consideration in the Senate, I will be sure to keep your thoughts in mind as I consider my vote.

Thank you again for contacting me. Please visit my webpage at http://isakson.senate.gov for more information on the issues important to you and to sign up for my e-newsletter.




Sincerely,
Johnny Isakson
United States Senator

For future correspondence with my office, please visit my web site at http://www.isakson.senate.gov/public/index.cfm/email-me. You can also click here to sign up for the eNewsletter
 
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