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  1. yvilla

    New york sales ban next steps

    Plus, pigelty, being "tobacco products" does not automatically mean taxes are imposed and collected. Each individual class of tobacco product is taxed independently, by means of both state and federal tax legislation. Cigarettes, for example are taxed according to their own rate, set by the feds...
  2. yvilla

    FDA to regulate e-cig as tobacco

    Do you want the simple answer? Because the FDCA says so. :laugh: Seriously, congress wrote that distinction into Chapter IV of the FDCA, the food chapter.
  3. yvilla

    FDA to regulate e-cig as tobacco

    KDK, many pharmaceutical "drugs" regulated by the FDA are available OTC. Think aspirin, certain cough and cold remedies, etc, etc. Other "drugs" are prescription only. So it's not whether a given substance is a "drug" that determines OTC availability, it's the FDA (and all the regulations...
  4. yvilla

    New york sales ban next steps

    Jerry, again not necessarily, although I'm not going to say I'm 100% certain how that specific question would come out. The issue of federal preemption over state laws is quite complex, and varies from legal area to legal area, and depending on how any given federal statute expressly addresses...
  5. yvilla

    FDA to regulate e-cig as tobacco

    Jacinda, no they are not talking about nor do they need any amendment to the FDCA in order to assert regulatory authority. As I posted just above, the FSPTCA, now Chapter IX of the FDCA, was made to be applicable to any "tobacco product", both the traditional products such as cigarettes and...
  6. yvilla

    FDA to regulate e-cig as tobacco

    Bill, I hate to be the bearer of bad news, as of course I've been right here with you trying to debunk the overly negative and uninformed reactions to Monday's announcement, but on this question specifically I have to qualify and question what you are saying. As I read the FSPTCA, these...
  7. yvilla

    New york sales ban next steps

    Storm, not necessarily, or automatically. The New York proposed bill states that any product containing nicotine that is not a tobacco product under the New York State definition of tobacco product, found in Section 1399-aa of the NYS Public Health Law, cannot be sold in New York, unless and...
  8. yvilla

    FDA to regulate e-cig as tobacco

    But KDK, classification as a "drug" under the FDCA (Food, Drug and Cosmetic Act) doesn't imply anything negative - other than that it puts whatever substance that is classified as a drug squarely under the FDA's regulatory authority of course. ;) Are you perhaps confusing the medicinal term...
  9. yvilla

    FDA to regulate e-cig as tobacco

    TennDave, you are forgetting a critical point. Nicotine, per se, is not a "tobacco product". But when it is "derived from tobacco" (and it's intended use is NOT as a drug product), then it is a "tobacco product", pursuant to the new federal defintion of "tobacco product" found in the...
  10. yvilla

    New york sales ban next steps

    Suddenly, I posted the latest update on the "Legislation News" subforum, as that's seeming to get more traffic since the redesign of the forum index. Here it is; http://www.e-cigarette-forum.com/forum/legislation-news/181810-updated-new-york-state-call-action.html
  11. yvilla

    PRESS RELEASE: CASAA Praises FDA Concession to Court of Appeals Ruling

    LOL - just putting them on notice, that we EXPECT reasonable and science-based regulations, and that we will hold them to those expectations. And fight like hell for them, if we have to!
  12. yvilla

    SE, NJoy vs FDA -- Discussion

    Thephoenix, they may well begin to "propose" e-cig regulations in "the coming weeks", but that certainly does not translate into taking effect. All proposed administrative regulations must be subject to public comment periods, and a whole process culminating in publication in the federal...
  13. yvilla

    FDA to regulate e-cig as tobacco

    No, No, No, No! Nicotine containing e-cig liquid may be derived from tobacco, but that is of course not the same as "being" or "containing" tobacco. E-cigs emit no smoke! Yes, there will continue to be pitched battles against public use bans, but those also started long ago, and had...
  14. yvilla

    FDA to regulate e-cig as tobacco

    GIMike, I'm going to quote myself, from the FIRST page of this thread. Does this look like a "shut up, things will be happy and right with the world" kind of post? No, that's NOT what many of us have been saying. The problem is, many, throughout this thread and others, have been ONLY posting...
  15. yvilla

    E-Cigs and flying

    Travel and E-Cig
  16. yvilla

    FDA to Regulate Electronic Cigarettes as Tobacco Products

    "Tobacco product" is NOT the same as "tobacco", nor is it the same as "cigarettes". The PACT Act (that imposed new strict regulations on shipping), applies specifically and only to cigarettes and smokeless tobacco products (also specifically defined, which definition e-cigs do not fit within)...
  17. yvilla

    April 25, 2011 - The Day the E-Cig Died (In America)

    SonnyCrack, it was my post that h8isgr8 just pointed you to a few posts above (http://www.e-cigarette-forum.com/forum/legislation-news/182522-fda-regulate-e-cig-tobacco.html#post3084083). It addresses the fallacy of thinking that this decision of the FDA automatically means treatment of ecigs...
  18. yvilla

    FDA to Regulate Electronic Cigarettes as Tobacco Products

    "User fees", in this context, means the fees the FDA imposes on industry parties - manufacturers, distributors, etc, for the privilege of being regulated by the FDA. That is, once the regulations for this new class of smoke-free tobacco products are all promulgated and finally settled upon...
  19. yvilla

    FDA to regulate e-cig as tobacco

    If you were selling ("marketing") a watermelon juice, "as" juice (as a food product), that also had nicotine added to it, promoted as a stimulant juice, for example - that would violate the "marketed in combination" prohibition. Watermelon flavored nicotine eliquid, however, is just that, a...
  20. yvilla

    FDA to regulate e-cig as tobacco

    Thanks for that GregH. I cannot count how many times, since the Tobacco Act was passed in 2009, that I've pointed out that the flavoring ban, as to conventional cigarettes, is a ban on "characterizing flavors" only. As you point out, that means cigarettes specifically marketed as a "cherry"...
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