FDA regulating e liquid as if it is tobacco product...

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zoiDman

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If I could get a $1 for every story I read that said nicotine isn't considered a tobacco product I would be able to afford my own B & M. Good analogies.

Yeah... And think how many a person who has been a Member here since 2010 has Heard?

And you know what? Good, Bad or Indifferent the Merit/Logic of their Argument, it Doesn't Matter from a Legal/Regulatory Standpoint.

If an e-Liquid Contains Nicotine that has Been Derived from a Tobacco Plant, then it is Going to be Regulated by the FDA as a Tobacco Product.
 
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Bobbilly

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Yeah... And think how many a person who has been a Member here since 2010 has Heard?

And you know what? Good, Bad or Indifferent the Merit/Logic of their Argument, it Doesn't Matter from a Legal/Regulatory Standpoint.

If an e-Liquid Contains Nicotine that has Been Derived from a Tobacco Plant, then it is Going to be Regulated by the FDA as a Tobacco Product.

In the US perhaps. That still doesn't make it tobacco. By continuing to proclaim that could maintain lighter regulation.

There actually is no legal basis to call something tobacco that doesn't have tobacco in it. Nicotine is a drug. Not a medicine but a drug


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bigdancehawk

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Are basketballs and lipstick something you would put into the tank of your automobile?

I think you may have made my point, albeit inadvertently. But, in case you missed it, the mere fact that something is derived from a particular raw product does not mean that it should be regulated in the same fashion as other products derived from the same raw product.
 

bigdancehawk

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Yeah... And think how many a person who has been a Member here since 2010 has Heard?

And you know what? Good, Bad or Indifferent the Merit/Logic of their Argument, it Doesn't Matter from a Legal/Regulatory Standpoint.

If an e-Liquid Contains Nicotine that has Been Derived from a Tobacco Plant, then it is Going to be Regulated by the FDA as a Tobacco Product.

Yes, but are we not allowed to rant among ourselves against the illogic if it?
 

ElmosRevenge

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Whenever you ask the question "Why", the answer is almost always "Money".

As is in this case. E Liquid cuts into profits of tobacco, other nicotine cessation products, and all the pharmaceuticals prescribed for smoking, not to mention all the money that is made off of people's bad health as a result of smoking tobacco.

Why are they doing this? Money. Money, money, and more money.

edit: I guess you where asking "How", but it could have been re-phrased as a "Why"...

It is a little late in this topic to edit it, but yes, I did mean to say "why".
 

dragonpuff

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Yes, our government is leaning much more toward being an oligarchy than a true democracy these days :sleep:

However, we still have one trick up our sleeves, and that is the fact that we can vote! So we need to keep those letters coming, and make our elected officials keenly aware that we will not vote for someone who supports overly restrictive or punitive regulations on e-cigs!

Keep filling up that FDA docket everybody! You can comment anonymously as many times as you want :)
 

zoiDman

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In the US perhaps. That still doesn't make it tobacco. By continuing to proclaim that could maintain lighter regulation.

There actually is no legal basis to call something tobacco that doesn't have tobacco in it. Nicotine is a drug. Not a medicine but a drug


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Perhaps in Canada this is a Good Position to take.

But in the USA, wanting to Classify Nicotine in an e-Liquid as Drug under the Authority of the FDA making e-Cigarettes Medical Devices would be the Worst Possible Situation.

And Exactly what the FDA wanted to do in 2010.
 
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zoiDman

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Yes, but are we not allowed to rant among ourselves against the illogic if it?

If you want to Argue that it is Illogical, or that Cheese Isn't a Dairy Product because it Comes from Milk, or that Gasoline Isn't a Oil Product, go right ahead.

So if e-Liquids that contain Nicotine that was Derived from Tobacco are Not Tobacco Products, what are they.

And do you Recognize the FDA's legal Authority to Regulate Them?
 

zoiDman

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What if we started getting getting our liquid nicotine from a different plant? I'm sure it could be more expensive, but then they couldn't say that it was a tobacco product right?

Mr. Zeller has made it Clear, on Many Occasions. that the FDA does Not Have the Authority to Regulate Nicotine that is derived from Any Other Source besides Tobacco.
 

zoiDman

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Hmm I just looked it up. The eggplant seems to have the most nicotine aside from tobacco. It has on average .01 mg per 100 grams. Which is pretty measly compared to the 6mg to 3g per 100 g of tobacco, but we would have the advantage of no FDA regulations, which would be nice.

Yeah... If you want an Nicotine e-Liquid that is an "Eggplant Product", you are going to need a Big Warehouse with Lots of Big Extraction Vats. And Probably a dedicated Rail Spur from the Growers.

That and have you done the Math to Calculate the Cost of a 30ml bottle at say 18mg/ml?

Not sure what Eggplant goes for Wholesale? Probably 1/2 of what it is Retail. How Much Eggplant do you need if the Extraction Process is 100% Efficient to obtain 540mg of Nicotine (30ml x 18mg/ml = 540mg)?
 

Jman8

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I think you may have made my point, albeit inadvertently. But, in case you missed it, the mere fact that something is derived from a particular raw product does not mean that it should be regulated in the same fashion as other products derived from the same raw product.

Agreed that the mere fact that derivation occurs is not, alone, sufficient reason to regulate it in the same fashion.

But I think you missed my point, which is what is the intended use of that derived product. If nicotine is derived from tobacco, and intended for human consumption, then it is like other tobacco products, containing nicotine, that are intended for human consumption. If I were using nicotine derived from tobacco as an agent to mix with paint to put on my house, I'm thinking FDA wouldn't care at all. ANTZ might, but FDA, not really.

If you are selling basketballs and lipstick as intended for fuel to be put into a gas tank, with claims that "this is so much better than gasoline," I believe you will get the attention of a couple people. If it turns out those claims have some validity, that basketballs and lipstick are actually better than gasoline, I believe a whole lot of people will sit up and take notice. Some of those people will be those who currently see need to regulate gasoline. And some of that segment will say that because both are derived from oil, they ought to be regulated in similar fashion, even while they are vastly different products.
 

zoiDman

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Oh Heck... I'll do it.

If 100g of Eggplant contains .01mg of Nicotine.

Then you need 10,000g of Eggplant to obtain 1mg of Nicotine.

And since there is 540mg of Nicotine in a 30ml Bottle of 18mg/ml e-Liquid, you would then need 5,400,000g of Eggplant (Yikes!).

5,400,000g = 11,904.9622 Pounds of Eggplant for ONE 30ml Bottle @ 18mg/ml

Rats-a-Rot of Reggplant.

(Someone should check my Math. Because I did it in My head with the Aid of little Coffee.)
 
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