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FDA to regulate e-cig as tobacco

Discussion in 'Legislation News' started by Maxwell_Edison, Apr 25, 2011.

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  1. Maxwell_Edison

    Maxwell_Edison Ultra Member ECF Veteran

    Joined:
    Apr 5, 2009
    Location:
    Ohio
  2. wazzup592

    wazzup592 Super Member Verified Member ECF Veteran

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    Apr 4, 2011
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    Ohio USA
    Ill have to check that out. I live in Cleveland
     
  3. babyblueut

    babyblueut Senior Member ECF Veteran

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    Oct 25, 2010
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    Salt Lake City, Utah, United States
  4. Maxwell_Edison

    Maxwell_Edison Ultra Member ECF Veteran

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    Apr 5, 2009
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    Ohio
    Sounds like a victory!! Not making many waves though it is?
     
  5. wazzup592

    wazzup592 Super Member Verified Member ECF Veteran

    Joined:
    Apr 4, 2011
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    Ohio USA
    Wow that was a nice article. Regulation to me sounds like more taxes meaning more to vape. Better then a ban though surely
     
  6. CaSHMeRe

    CaSHMeRe Vaping Master ECF Veteran

    Joined:
    Jun 12, 2008
    Location:
    USA
    not sure if its a victory or not ...

    Regulated Like Tobacco Product Means = No Flavors outside of Tobacco & Menthol, and the PACT Act = meaning, no internet sales/interstate commerce sales.

    you'll be having to pick up everything locally ....

    While it is a victory of sorts, we were sort of hoping for its own classification under tobacco.
     
  7. DaSaP

    DaSaP Registered Supplier ECF Veteran

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    Jun 11, 2010
    Location:
    Grand Rapids Michigan
    hope this is better then it sounds....
     
  8. yvilla

    yvilla Ultra Member Verified Member ECF Veteran

    Joined:
    Nov 18, 2008
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    Rochester, NY
    Not so fast Cash. From the email I recieved from the FDA, now also posted on its website:

    "The Agency intends to propose a regulation that would extend the Agency’s “tobacco product” authorities in Chapter IX of the FD&C Act, which currently only apply to certain specifically enumerated “tobacco products,” to other categories of tobacco products that meet the statutory definition of “tobacco product” in Section 201(rr) of the Act. The additional tobacco product categories would be subject to general controls, such as registration, product listing, ingredient listing, good manufacturing practice requirements, user fees for certain products, and the adulteration and misbranding provisions, as well as to the premarket review requirements for “new tobacco products” and “modified risk tobacco products.”"

    See, Regulation of E-Cigarettes and Other Tobacco Products

    The key words are the "Agency intends to propose a regulation ... ."

    As Bill G. has been posting repeatedly, first the FDA has to propose its new regulations over e-cigs, then there is a public comment period, and only after the whole administrative process is undertaken do the regulations become officially in effect. This can take up to two years, during which time we must all be vigilant and active in the battle to ensure that any actually officialized regulations are reasonable and science-based. And we must start to prepare, now, whatever evidence will be needed in that battle, starting with a very careful reading of the full announcement I linked to above, and then paying equally close attention to other "guidance" documents the FDA issues as it proceeds.

    Yes, we have a lot of other battles to wage, but this concession to the court ruling in favor of Njoy is still a HUGE win for now!

    And a PS: this does NOT mean automatic PACT Act inclusion. That would ONLY happen with an amendment of the PACT ACT itself. Nor does it mean an automatic flavor ban, as that specifically only applies to cigarettes. ALL future regulation of e-cigs remains to be proposed, warred over (and that can include further litigation, even, if the proposals are unnecessarily harsh or rigid), and then ultimately enacted.
     
  9. CaSHMeRe

    CaSHMeRe Vaping Master ECF Veteran

    Joined:
    Jun 12, 2008
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    thanks yvilla for clearing that up!

    i guess i am more of just a debbie downer - i look at the negatives before I really look at the positives! haha

    casey & i were just discussing this. the fight is far from over, atleast its looking more & more positive with each passing day!
     
  10. SudokuGal

    SudokuGal Ultra Member ECF Veteran

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    USA-Florida
    Thanks yvilla!
     
  11. Cee_Jay

    Cee_Jay Super Member ECF Veteran

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    Rochester NY
    A good start . . . . .
     
  12. Vocalek

    Vocalek CASAA Activist ECF Veteran

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    Springfield, VA
    The news story was authored by the news service, Associated Press, and is appearing around the country pretty much word for word. I love the last paragraph, which hopefully from now on will be included whenever some future news story talks about FDA testing, carcinogens, and toxins.

     
  13. ksmith

    ksmith Vaping Master Verified Member ECF Veteran

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    Colcord, Oklahoma
    One way to look at it is: If they do stop the flavored liquids and just limit them to regular and menthol tobacco flavors, then all we would have to do is buy our tobacco juice and mix our own flavors. Not something I realy want to do, but if it comes to that then so be it.
     
  14. Maxwell_Edison

    Maxwell_Edison Ultra Member ECF Veteran

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    Thank you yvilla. This is a victory indeed, and any regulations seem like would still be a few years away, so whatever ends up happening, a ban is now out of the question. (anyone of us can flavor e-juice, taxes worry me, but that's a big If and probably several years away.

    I LOVE the last sentence too!!! And likely what happens in US will happen in Canada, hope hope hope.
     
  15. CaSHMeRe

    CaSHMeRe Vaping Master ECF Veteran

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    Jun 12, 2008
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    USA
    what happens if they regulate ecigs to only be sold with "Filled Cartridges" ???

    i'm very interested to see what or how they might regulate eLiquid.
     
  16. Tasdad

    Tasdad Senior Member ECF Veteran

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    Jan 8, 2009
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    Pittsburg, KS
    I forsee a 30ml cartridge that doesn't even fit on a pv, and an upswing in large syringe sales. lol
     
  17. Who_Wants_To_Know

    Who_Wants_To_Know Super Member ECF Veteran

    Joined:
    Mar 15, 2011
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    Pittsburgh, PA
    I would agree that this is a win. However we can't let this fool us. We still have a long road ahead. The smartest strategy is to use the time to gather up our defense and continue spreading the word about what vaping is. There are a lot of good people working on this and more joining everyday. This win is proof that if enough truth is spread the lies can't hold up.

    This is good news, for now enjoy it.
     
  18. Mary Kay

    Mary Kay ECF Guru ECF Veteran

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    Apr 3, 2009
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    West Tampa Fl.
    Cash, you above all people should be aware of the modding of the E-cig. We can always find a way around anything!
     
  19. sjrily

    sjrily Senior Member ECF Veteran

    Joined:
    Oct 19, 2010
    Location:
    NW Arkansas
    This concerns me:

    Section 201(rr)(4) of the Tobacco Control Act prohibits the marketing of “tobacco products” in combination with other FDA-regulated products. As mentioned, FDA has already issued a draft guidance on this provision, which it intends to finalize.

    Guidance written in Sept 2009 states:

    A tobacco product and a non-tobacco product regulated under the FDCA are physically, chemically, or otherwise combined or mixed to produce a single entity that is marketed as containing both products. For example:
      • Mouthwash (which may be a drug or a cosmetic under the FDCA) is added to the ingredients of a cigarette and the cigarette is identified as containing mouthwash.
      • Compressed or powdered tobacco is added to candy or gum (which are foods under the FDCA) and the candy or gum is identified as containing a tobacco product.
      • Nicotine that is derived from tobacco is added to water, juice, or soda (which are foods under the FDCA) and the water, juice, or soda is identified as containing a tobacco product.
     
  20. RIMP

    RIMP Vaping Master Verified Member ECF Veteran

    Joined:
    Jul 27, 2009
    Location:
    Marianna Florida,( in the woods) I'M A GIRL!!
    +1:vapor:
    RIMP:evil:
     
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