Re -Brand hardware and e liquids for legal purposes ?.

[evan le'garde]

Aren't there disclaimers that could be used. Such as "Not for use with tobacco derivitives". Or "not to be used to vapourize nicotine". Is that a basic legal work around. Printing stuff like that on the packaging ?.

They have said that claims of tobacco cessation regarding these products isn't allowed or should be classed as medicinal which means that any of these products which are manufactured for the use of vapourizing nicotine have to be registered.

So what if these products are re branded ?.

Could probably get away with branding them as something as stupid as a water vapourizer and get away with it. Just as long as they're not meant for vapourizing nicotine it should be ok, right ?.

We read manufacturers disclaimers all the time. Covering legal requirements for their products simply by printing literature on the packaging.

So a basic bottle of e liquid could be re-branded as anything you like. Just as long as it says "not to be used orally" on the label.

Or something like that.

Cutomers can do what they want with the product once they own it, and that isn't illegal.

So it seems to me it's just a case of how manufacturers and retailers brand it.

 

[juicynoos]

And then there is the other end of the spectrum but the same basic principle. I would tend to agree that 0 nic fluids should not be regulated but the FDA seem to have that covered with their over reaching regulation.
In which case, this should be a tobacco product and not a toy.


I would presume the toy also requires a bottle of liquid to fill it up.

 

[Bad Ninja]

And then there is the other end of the spectrum but the same basic principle. I would tend to agree that 0 nic fluids should not be regulated but the FDA seem to have that covered with their over reaching regulation.
In which case, this should be a tobacco product and not a toy.


I would presume the toy also requires a bottle of liquid to fill it up.

The FDA cant regulate toys, flashlights, or other items.
They do not have the authority, regardless of the propaganda.

 

[crxess]

ATM, I got nothing..............to frustrated. However there are a Lot of Good Attorneys about to start asking these Questions and Challenging FDA Definitions and seeking injunctions on point of law.

 

[Bad Ninja]

ATM, I got nothing..............to frustrated. However there are a Lot of Good Attorneys about to start asking these Questions and Challenging FDA Definitions and seeking injunctions on point of law.

Due to ECFs rules and aggressive moderation on this topic, I cant elaborate much, but I assure ya, most gear isnt going anywhere.

 

[Jdurand]

Due to ECFs rules and aggressive moderation on this topic, I cant elaborate much, but I assure ya, most gear isnt going anywhere.

If I'm right on what you mean, I agree on mods, but tanks could be another subject.

 

[Bad Ninja]

If I'm right on what you mean, I agree on mods, but tanks could be another subject.

Maybe, maybe not. The FDA cant just start making the call on items that fall outside their authority.

In other words, the FDA cant extend their authority to regulate flashlights just because they are "just like a mech mod".

 

[crxess]

Due to ECFs rules and aggressive moderation on this topic, I cant elaborate much, but I assure ya, most gear isnt going anywhere.

If I'm right on what you mean, I agree on mods, but tanks could be another subject.

Agreed on One
Disagree on Two

First - Vapor/ Vaping cannot possibly be redefined as an act of Tobacco consumption for the Pleasure of an entity(FDA), only(Possibly) Nicotine Inhalation.

Second - A Product capable of Containing anything capable of Being Vaporized is Not the Definition of Inhaling Nicotine. Only the Act(Inhaling Nicotine) is(Possibly) compliant.

Good Legal Council may well knock much of the FDA's Over Reach off the Books.
Good Governing of, for and By the People might extinguish it.

Do I believe Government will do much, if anything to intervene? Not so much. This Country is Fast heading down a Torturous road from which there may be no return. The road is Narrowing with little room for corrective maneuvering.

 

[evan le'garde]

ATM, I got nothing..............to frustrated. However there are a Lot of Good Attorneys about to start asking these Questions and Challenging FDA Definitions and seeking injunctions on point of law.

See this is the kind of answer i was looking for. Finding out the exact definition of the regulations.

 

[Jonner]

I've said it before, and I'll say it again, the cat is already out of the bag, so to speak, and the FDA is going to have a helluva hard time getting it back in. Try as they might, they cannot regulate flashlights, batteries, wire, cotton, flavorings. All of these items have other legitimate uses. I've stocked up on a few mods and some nicotine liquid, I'm not worried about the rest. Overreach is an understatement. I'm an attorney and I know the attorneys (Nicopure, Sevia, etc...) will fight this tooth and nail, it is far from over, it has just begun.

 

[evan le'garde]

I mean, if i were a vendor, and i could afford it, i'd label all my products with disclaimers. And then wait to see what the FDA could actually do about it. I'd sell my 100% nicotine base liquid seperately from all the other pre mixed ingredients (without the slightest suggestion they should be blended). I'd also split my store into two. On one side (online or otherwise) it would contain all the regulated crap, and all the stuff i stuck disclaimers on on the other.

I'm not suggesting someone should try this, but i'm mad enough to give it a go.

Just to find out what would happen.

 

[Rickajho]

i mean, if i were a vendor, and i could afford it, i'd label all my products with disclaimers. And then wait to see what the FDA could actually do about it. I'd sell my 100% nicotine base liquid seperately from all the other pre mixed ingredients (without the slightest suggestion they should be blended). I'd also split my store into two. On one side (online or otherwise) it would contain all the regulated crap, and all the stuff i stuck disclaimers on on the other.

I'm not suggesting someone should try this, but i'm mad enough to give it a go.

Just to find out what would happen.

It is my understanding that this is exactly how one liquids vendor is interpreting the regulations: that they could no longer sell their line of pre-mixed stuff, however they could still sell a.) some flavoring b.) some nicotine c.) some PG or VG d.) an empty bottle.

Now you connect the dots as to whatever you care to do with those four items - they cannot tell you. As .... stupid as this is, at least this is how one vendor sees things - "intended" or otherwise.

I still believe the FDA is going down in flames once the legal... ummm... "intentions" hits the fan in the law suits.

 

[evan le'garde]

It is my understanding that this is exactly how one liquids vendor is interpreting the regulations: that they could no longer sell their line of pre-mixed stuff, however they could still sell a.) some flavoring b.) some nicotine c.) some PG or VG d.) an empty bottle.

Now you connect the dots as to whatever you care to do with those four items - they cannot tell you. As .... stupid as this is, at least this is how one vendor sees things - "intended" or otherwise.

I still believe the FDA is going down in flames once the legal... ummm... "intentions" hits the fan in the law suits.

We know the the FDA would kick in the doors, confiscate everything then prosecute.

But would it stick at the end of the day ?. That's the real question.

Just how comprehensive are these regulations. And do they contain loop holes as simple as this ?. As i said the FDA would respond immediately but would the FDA's actions be completely in line with the regulations ?.

 

[OlderNDirt]

IMHO, None of the lawsuits and changes to this deeming will really matter that much.......

Cutomers can do what they want with the product once they own it, and that isn't illegal.

As was the case with smoking, it isn't illegal yet they made it illegal pretty much everywhere (here in Nebraska, anyway). Now that vaping is deemed tobacco use, states will have no problem including "all tobacco products" in their smoking laws/bans. Even if we can get all/some of the gear and buy/make juice, where do we get to use it?

 

[evan le'garde]

You can't go to the local store and buy an explosive device. But you can buy a glass jar, fireworks and a bag of nails.


Just a metaphore. Not to be taken seriously !.

 

[Tempesta]

I read that during Prohibition, grape growers made compressed raisin cakes with the warning: "not to be used to make wine". Sometimes they could be sold, sometimes they were seized.

Of course, we know what a disaster Prohibition was, but it took most of the country 13 years to figure it out.

 

[DangVape]

You know the stupid led in glass RDA

$6.17 Deadmodz V2 Styled RDA Rebuildable Dripping Atomizer - stainless steel + glass / 25.5mm diameter / w/ 3*LED lights at FastTech - Worldwide Free Shipping

That got me thinking


Forget that the guy is vaping imagine he remove the coil.
If you remove the coil and put led, I'm not selling any vape product only fancy flashlight where you can easily swap out led bulb to change color.

Also go check our bakery section where you can get delicious baking flavor for cake

Also we have some fancy metal art wire section where you can make beautiful jewelry.

 

[VHRB2014]

IDK, they do get away with it every day on eBay.

Oh ohh. I wonder how ebay is going to react, Chit!! Double chit!

 

[OlderNDirt]

Shhhhhhhhhhhhhhh!

Poker party! My house. Friday night.
I provide the place, the fog machines, and a gallon of Bog Fog.
You bring some nic and flavorings.
Oh! And bring along some lose change just in case we actually decide to play some poker.

 

[BoogaWu]

Seems like I should be able to order scented fog machine oil still, need to figure out NIC but..