FDA Good Video about Deeming, The OMB/OIRA and what You can Do.

[Kent C]

See above

The Family Smoking Prevention and tobacco Control Act (tobacco Control Act) allowed FDA to establish CTP and granted CTP the authority to:

• Require tobacco product manufacturers register with FDA
• Establish standards for tobacco products, such as tar and nicotine levels, in an effort to reduce their toxicity and addictiveness
• Establish limits on sale and distribution of tobacco products
• Require premarket review for new and modified risk tobacco products to protect the public health

It happened with RYO and Native American sales of cigs online - although it was a 'drip, drip, drip' plan - 50+ reservations down to a few, no buy without faxing a driver's license, no paypal, no credit card sales, only bank wires, shutting down of reservation sites, no more 'cigarette tobacco' only 'pipe tobacco' for RYO, raising taxes and prices, etc. etc. etc.

 

[Stubby]

The PACT Act specifically states what products it applies to.
And would have to be modified by Congress to include electronic cigarettes.

That is my understanding anyway.

The question now is can the FDA write such requirements directly into their deeming regulations?

I don't think so, but that probably won't stop them from trying.
They are obviously trying to do so with the "intended use" angle which Judge Leon already shot down.

Where is Bill Godshall when you need him?

The PACT act did not stop online sales of tobacco. What it did is stop the USPS from delivering cigarettes and smokeless tobacco (though it can still deliver pipe tobacco and cigars as they where not included in the PACT act). It also required an adult signature on delivery with an ID for all tobacco products.

What this means is that the only way to get tobacco products is through a carrier as in UPS or Fed EX. UPS has a policy of not delivering cigarettes, but they do still deliver smokeless tobacco. Not sure what the Fed Ex policy is.

It gets a good deal more complicated then that as many states do not allow out of state buying of tobacco products (with my state of WI being one of them). I am unable to get snus delivered to WI from a seller in the USA..... but.... I can get Swedish snus delivered if I order directly from Sweden. The PACT act greatly increased the cost of shipping as international UPS shipping is expensive, and the required adult signature adds to the price. It can easily cost $30 to $50 for shipping.

The idea behind the PACT act was to stop kids from buying online tobacco, which is how it was sold, but what it actually did was stop adults from bypassing local state taxes.