Altria now indicates support for FDA regulation of e-cigs, fails to acknowledge that "deeming" reg would ban all e-cigs

[Bill Godshall]

Altria now says it supports FDA regulation of e-cigarettes even though Section 905(j) and Section 910 of the FSPTCA would ban the sale of all e-cigarettes, and other provisions of the “deeming regulation” would also decimate the e-cigarette industry.
E-cig sellers jockey for market position before FDA issues regulations

Altria, the parent of Philip Morris, will begin selling its e-cig line, MarkTen, in August in Indiana. David Sylvia, a spokesman for Altria, said any FDA rules should encourage "good product guidelines and good manufacturing practices" in the category. "It should lead to better product performance and reduced variability," he added.

and

But Altria is holding the product to standards similar to those for its traditional cigarette brands, he said.

For example, although there are no federal rules about purchase age or behind-the-counter display, Altria's contracts with vendors state that "the product will be sold behind the counter, in a clerk-assisted fashion, to people 18 and over," Sylvia said.

Those agreements happen to comply with an Indiana state law enacted in July, but Sylvia said Altria supports federal regulation that would provide consistency for e-cig vendors, who now face a "hodgepodge patchwork" of state regulations.

 

[Orb Skewer]

"It should lead to better product performance and reduced variability," I hope that means 'variability' and not 'availability'

brace, brace, brace

 

[Bill Godshall]

In the televised video that appears along with this article, blu e-Cigs founder Jason Healy is quoted as saying (in response to question about UK MHRA's announcement it plans to regulate e-cigs as medicine):

In general, I think that regulation is a good idea.

 

[Orb Skewer]

In the televised video that appears along with this article, blu e-Cigs founder Jason Healy is quoted as saying (in response to question about UK MHRA's announcement it plans to regulate e-cigs as medicine):

It would be much more profitable !

 

[2coils]

"It should lead to better product performance and reduced variability," I hope that means 'variability' and not 'availability'

brace, brace, brace

Reduced Variability = They want all e-cigs (left on the market after regulation) to be created equally,, equally crappy that is. I would think that at least Lorillard would kind of get it, as they get their e-liquid from a premier company. They have to know that there are more to e-cigs than crappy cigalikes. The rest of the tobacco companies haven't done any research?? I don't know why they would want an inferior product on the market, unless of course they are banking on the FDA shutting everyone else down.

 

[jkmtwo]

Of course they think that regulation is a good idea. The big boys using the power of the state to regulate and pick on the small guys, who wouldn't think this is a good idea?

 

[Kelemvor]

all the same crappy products allowed = smokers keep on smoking the real thing. thats all about why they like e-cigs to be regulated.

 

[BuGlen]

all the same crappy products allowed = smokers keep on smoking the real thing. thats all about why they like e-cigs to be regulated.

That, and the fact that through regulation they can make sure the e-cigs are only allowed to be sold through established tobacco distribution channels.

 

[sqirl1]

Altria now says it supports FDA regulation of e-cigarettes even though Section 905(j) and Section 910 of the FSPTCA would ban the sale of all e-cigarettes, and other provisions of the “deeming regulation” would also decimate the e-cigarette industry.
E-cig sellers jockey for market position before FDA issues regulations




and

[/FONT][/COLOR][/FONT][/COLOR]

oh man this worries me, usually if the big tobacco companies are talking about regulations coming, that means the FDA already have their minds made up, and with the backing from big tobacco, they'll most certainly happen. Let's face it, big tobacco doesn't want to eliminate e-cigarettes but they sure want a monopoly on them. That means making regulations that will kill just about every registered supplier on this forum. The reason FSPTCA passed so easily is because it had the backing of Phillip Morris since they wanted to snuff out Djarums and all the RYO vendors, and now they're about to collaborate with the FDA to do the same thing with the E-cig industry. Hope you all like paying 20 bucks for a 5-pack of cartos at the gas station.

 

[drrickso]

Sounds like it's time to embrace DIY juice... as long as there isn't an issue with getting liquid nic.

 

[Vaptor]

Go ahead and support the regulation. Vaping will cost you 10x more than smoking ever did.

 

[unknown_shooter]

you can pry my Vamo from my
cold.
dead.
hand.

 

[the_vape_nerd]

say it with me

HARDWARE...CANNOT...BE...REGULATED

hardware is not a tobacco product and is not subject to the fda's authority

liquid nicotine is where we will see requlations or maybe devices sold with nic cartomizers already attached...otherwise hardware is not regulatable

 

[Bill Godshall]

Except that Title 1, Section 101 of the Tobacco Control Act defines a "Tobacco Product" as "any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product."

Although I suspect the agency won't propose regulations for e-cig hardware, batteries or rechargers along with the "deeming" regulation, the FDA "deeming" regulation may result in future FDA regulations on e-cigarette hardware, batteries and/or rechargers.

If an e-cig prohibitionist group sues the FDA to force them to regulate "any component, part, or accessory" of e-cigarettes, the FDA could impose those types of regulations by correctly claiming: "We are required by law to enforce this federal law. We're just doing our job to protect children and public health."

But if the FDA imposes regulations for hardware, batteries or rechargers, potentially successful lawsuits could challenge those regulations. A key legal argument by hardware manufacturer(s) would be to claim that their hardware isn't used exclusively for vaporizing nicotine, and can be used to vaporize PG/VG that contains no nicotine.

Regardless, we simply don't now what FDA will do.

 

[Cool_Breeze]

Are tobacco derivatives used as flavorings in some food products or perhaps used in fragrances? Other realms..?

 

[Hoosier]

Are tobacco derivatives used as flavorings in some food products or perhaps used in fragrances? Other realms..?

Yes. Absolutes are used in fragrance and botanical. (Do not know how commonplace it is, but I know you can find tobacco absolute at places that cater to those types of folks.)

 

[aikanae1]

Are tobacco derivatives used as flavorings in some food products or perhaps used in fragrances? Other realms..?

Nicotine is used in agriculture as a pesticide.

​

 

[aikanae1]

I'm curious - wasn't there an accusation in the U.K. that their regulatory agency made a "back-door deal" with several cig-alike companies?

I do find it odd that BT is only interested in playing ball with cig-alikes and those are similar to what was on the market in 2007 (grandfathering).

I know tobacco companies always conduct huge national focus groups, marketing studies because I regularly volunteered. So I believe they are well aware people are interested in more efficent e-cigs. After all, marketing is what corporations do best. So why the focus on that one narrow segment with no interest in anything more advanced or more money or more anything? There has been very little useful innovation from any of the cig-alike players.

I hate to jump to conclusions, but I suspect the ecig market has already been divided up and handed out. That's why facts don't matter. If so, this is all going to come down to the squeakiest wheel and making the most noise / lobbying / public pressure.

Do you think China might be interested in joining the battle?
LOL! That may be what it'll take.

Except that Title 1, Section 101 of the Tobacco Control Act defines a "Tobacco Product" as "any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product."

Although I suspect the agency won't propose regulations for e-cig hardware, batteries or rechargers along with the "deeming" regulation, the FDA "deeming" regulation may result in future FDA regulations on e-cigarette hardware, batteries and/or rechargers.

If an e-cig prohibitionist group sues the FDA to force them to regulate "any component, part, or accessory" of e-cigarettes, the FDA could impose those types of regulations by correctly claiming: "We are required by law to enforce this federal law. We're just doing our job to protect children and public health."

But if the FDA imposes regulations for hardware, batteries or rechargers, potentially successful lawsuits could challenge those regulations. A key legal argument by hardware manufacturer(s) would be to claim that their hardware isn't used exclusively for vaporizing nicotine, and can be used to vaporize PG/VG that contains no nicotine.

Regardless, we simply don't now what FDA will do.

​

 

[aikanae1]

say it with me

HARDWARE...CANNOT...BE...REGULATED

hardware is not a tobacco product and is not subject to the fda's authority

I take it that's your nightly prayer.

I think your right about not being within FDA's jurisdiction to regulate hardware, however this act gives cities and states freedom to regulate about anything they want to, for any reason and use any method. I vaguely recall a wish-list (didn't pass) where vaping devices needed a state stamp (i.e. taxes) and could be confiscated without it - eliminating homemade / out of state / online sales. It sounded like something I'd expect from a Monty Python skit.

Just because it was too stupid to believe or pass, I'm not overly confident there isn't someone trying to figure out the details for another attempt out there somewhere.

​

 

[Vaptor]

@ aikanae1 -
yes I think he only way to regulate it fully would be regulating anything that produces vapor. So if you get caught outside with steaming cup of coffee you get busted by vape police
"Drop that steam! Hands behind your back! Now or I'll shoot!"