Will I be arrested under the new FDA Deeming?

[Gramdogg]

The 2009 case was centered on intended use. The FDA claimed ecigs where a drug delivery device because they claimed some manufactures where claiming you could quit smoking with ecigs, essentially the same as NRT's, or so the FDA claimed.

The defense was that the intended use was that of a recreational way of using nicotine (which is the truth). The defense didn't claim they are a tobacco product, simply that the intended use was not a smoking cessation product.

Near the end of the case the tobacco control act passed, and judge Leon told the FDA that it was possible ecigs could be regulated under the then new law (as if the FDA would not have figured this out on there own).

Bottom line is that the 2009 case has nothing to do with the current deeming, though the idea has floated around for awhile by people who don't have an understanding of the history of the case and the tobacco control act. The deeming has everything to do with the tobacco control act and the case the FDA lost in 2010 has nothing to do with it.

 

[Gramdogg]

Your talking about the wrong case that you have a knowledge of history in. Have to google longer then 5mins maybe to find it. Your right though the TCA would have done the same thing. Either way it wasn't the FDA that deemed it a tobacco product, BT did to stop it from becoming banned completely. In your reference it would have been Obama not the FDA. My point was there was nothing stopping them from doing this years ago.

 

[Gramdogg]

NO!, NO, NOOOOO... Probably get a fine if you are caught selling stuff to people out in the open??!!

More than likely it will go underground probably not the black market but the gray market for sure!

[deleted]

The FDA is doing this because of the mega money their getting from big tobacco and "To protect the children"! Look if kids want tobacco or alcohol they will get it, I know I did it! They use the kid thing because it pulls on peoples heart strings which makes crap harder for us ADULTS!!! We now live in a TYRANNICAL NATION!

The road to Hell is paved with good intentions!

Email your Senators, Congress and the POTUS! Go here fill in the info and it will send them a letter/petition for free. You won't get any ads or nothing, it's super easy and we only need 250,000 more people to sihn up and send the petition! Please help! Here is the link....

Internal Warning

Glad someone else gets it. BT holds the largest market share in vaping as well so once import is illegal they will get even more of it. I don't believe products will disappear merely be made in USA by BT. FDA looking after their lil' buddy.

 

[BuGlen]

Glad someone else gets it. BT holds the largest market share in vaping as well so once import is illegal they will get even more of it. I don't believe products will disappear merely be made in USA by BT. FDA looking after their lil' buddy.

I keep reading that BT has the market share, but I'm not so sure that's true. The normal financial news sources generally use standard methods to determine market share, based on distribution and sales. A very large part of the independent vaping market doesn't use the known distribution methods employed by tobacco companies, and their sales have not been required to be reported as tobacco products (although that will change now). They may be right, but I have a feeling that they're missing numbers from the small manufacturers and vendors.

 

[retired1]

I keep reading that BT has the market share, but I'm not so sure that's true. The normal financial news sources generally use standard methods to determine market share, based on distribution and sales. A very large part of the independent vaping market doesn't use the known distribution methods employed by tobacco companies, and their sales have not been required to be reported as tobacco products (although that will change now). They may be right, but I have a feeling that they're missing numbers from the small manufacturers and vendors.

It's most likely true. Sites like ECF represent a very small minority of the entire vaping community. You don't see advertisements in the media for the latest offering from Kangertech. What you see are the cigalike offerings from BT.