An open letter to Suppliers:

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KDMickey

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Mar 10, 2009
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Hello Suppliers!

First, I hope the pending FDA action does not cause you too much stress. I truly wish you all good profits and a loyal customer base. That said, I feel there are some things that might be done by you to help the plight of e-smoking in general.

As evidenced in this thread, I have been in communication with a public health doctor who has agreed to represent our interests. I sent the following:

Dr. Nitzkin,

Some of the U.S. suppliers of personal vaporizers have requested a list of changes in marketing, packaging, etc. that may help keep this product on the market. Additionally, if I were to start selling personal vaporizers, could I escape the FDA ban by not using the term e-cigs, providing only nic-free e-liquid, and puting a disclaimer that this is not a "health product" of any kind?

Thank you so much for your time. We personal vaporizer users (aka "vapers") really appreciate your advocacy. None of us want to return to smoking cigarettes.

Regards,
- Kyle Mickey

And I received this reply:

I would suggest researching what Ruyan does to market and label their products -- and do as they do. They seem to have done a good job in researching these legal and regulatory issues.

So, I am currently researching what Ruyan does in terms of marketing and labeling. Additionally, I would recommend removing ALL claims about e-cigarettes/personal vaporizers from your webpages. Instead, perhaps you could consider adding testimonials that convey what you want your customers to hear.

I humbly request your support in keeping personal vaporizers available in the U.S.

Regards,
-Mickey
 

KDMickey

Senior Member
ECF Veteran
Mar 10, 2009
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Denver, CO, USA
Welcome to Ruyan America - Home of the Ruyan E-Cigarette

Please observe some of the phrasings: "...designed to be used as cigarette alternatives and smoking substitutes, allowing smokers to satisfy their cravings for tobacco in places and situations where they otherwise would not be allowed to smoke by law, regulation or common courtesy."

"...Ruyan smoking substitutes use liquids that can contain nicotine, flavoring and other ingredients determined to be safe by international organizations and regulatory bodies. The products contain no tobacco and do not produce smoke of any kind. Rather, they produce a vapor that is primarily made up of water and pose no harm to the user’s associates or environment."

And most importantly: "...Warning: be advised that nicotine is addictive. The Ruyan products have not been evaluated by the US FDA. They are not intended to be drug products that diagnose, treat, cure or mitigate any disease or condition. Do not use these products if you are under the age of 21; if you are a non-smoker, if you have a demonstrated allergy or sensitivity to nicotine or any combination of inhalants; or if you are pregnant or nursing."
 
I'd also suggest that suppliers read up on the Nicotine Water fiasco and why it was shot down. According to this site Nic Water's "Intended Use Cause[ed] “Nicotine Water” to be [labeled an] Unapproved Drug"

"FDA has concluded that "Nicotine Water" is an unapproved drug under the Act because it is intended to treat or mitigate nicotine addiction as a smoking cessation product. Because nicotine addiction is considered a disease, FDA requires safety and efficacy data to support any claims intended to treat this disease. After reviewing the claims on the manufacturer's Internet site, which were submitted with the Citizen's Petition, FDA concluded "Nicotine Water" is an unapproved drug and may not be legally sold in the United States until the manufacturer submits a new drug application to the agency and the agency approves the application."

So as others have said...make no health claims whatsoever! I think most of us can make the logical leap without any hype.
 

KDMickey

Senior Member
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Mar 10, 2009
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Denver, CO, USA
I think we may be too late to change our tune regarding how e-cigs are perceived by the FDA. Nonetheless, we can take measures that will make e-cigs harder for the FDA to put their thumb down on. I would like to mention that it is IN YOUR BEST INTERESTS AS SUPPLIERS to:
(1) Stop ALL USE of the term "e-cigarettes."
(2) Remove all remotely relevant "health claims" from your websits, boxes, etc.
(3) Label the product as a "imitation-smoking novelty item"
(4) Make "You must be 18+ to enter this site" welcome screens that require birthday verification
(5) Stop carrying nicotine-containing e-liquid
(6) Post disclaimers and warnings that the product has not been proven safe

I think if you continue to do business in this fashion, it will make the FDA's job a little harder as far as shutting you down. For those of you that are ok with getting shut down, and probably fined by the FTC while you're at it, please continue using terms such as "healthier" smoking.
 

Vicks Vap-oh-Yeah

Vaping Master
ECF Veteran
Mar 9, 2009
3,944
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West Allis, WI
www.emeraldvapers.com
(5) Stop carrying nicotine-containing e-liquid
.

OUCH!

OK - nobody said this was going to be easy - this is probably the biggest sacrifice you can ask of a vaper - to do without the nic...
Gut feeling - the FDA's going to force the issue anyway...and there ARE alternitives to getting your nic fix.

Me, personally? I'd rather vape the no nic then go back to analogs!
 

KDMickey

Senior Member
ECF Veteran
Mar 10, 2009
112
0
Denver, CO, USA
OUCH!

OK - nobody said this was going to be easy - this is probably the biggest sacrifice you can ask of a vaper - to do without the nic...
Gut feeling - the FDA's going to force the issue anyway...and there ARE alternitives to getting your nic fix.

Me, personally? I'd rather vape the no nic then go back to analogs!

Fair enough, Vicks. Let me rephrase, then: Stop selling e-liquid containing nicotine "over the table" on your websites. Carry the e-liquid and work out details with customers in private e-mails and phone conversations. Either way, any supplier that impliments these suggestions will be able to stay in business longer than any supplier that does not.

Cheers,
-Mickey
 
Big Bravo to Mickey. United We Stand, Divided We Fall.

I think Mickey found his calling. I am very confident that under his leadership both users and suppliers will have a great and loud voice. Keep letting us know what we all can do.

Another fearless leader, SmokeyJoe, needs a break or at least a royal round of applause - after all, we've kept him pretty busy lately too, wouldn't you agree?
 
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