California Call to Action! Multiple bills threaten adult use of and access to vapor products

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Lessifer

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I guess you didn't read post #13...:facepalm:

I haven't been paying quite as much attention as usual but as far as I know, e-liquid is still not a tobacco product. In fact, one of the bills in question is trying to define it that way, and that's what we're fighting. Also, even though the FDA has proposed deeming it as such, that deeming is not final, so currently, it's not a tobacco product. Am I wrong?
 

stevegmu

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I haven't been paying quite as much attention as usual but as far as I know, e-liquid is still not a tobacco product. In fact, one of the bills in question is trying to define it that way, and that's what we're fighting. Also, even though the FDA has proposed deeming it as such, that deeming is not final, so currently, it's not a tobacco product. Am I wrong?

It is; it just may not legally be yet under federal guidelines, but states can classify it as such to include e-liquid with nicotine with smoking regulations. It is pointless to complain about a state or local proposal classifying e-liquid as a tobacco product, as that is what the FDA will do, some day...
 

Lessifer

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It is; it just may not legally be yet under federal guidelines, but states can classify it as such to include e-liquid with nicotine with smoking regulations. It is pointless to complain about a state or local proposal classifying e-liquid as a tobacco product, as that is what the FDA will do, some day...

So... it isn't, at least not yet, in CA. It may be a matter of time, or semantics, but both of those are actually very important when it comes to legislation. It may be pointless to complain about it once it is done, but it is most definitely not pointless to fight it happening in the first place.
 

stevegmu

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So... it isn't, at least not yet, in CA. It may be a matter of time, or semantics, but both of those are actually very important when it comes to legislation. It may be pointless to complain about it once it is done, but it is most definitely not pointless to fight it happening in the first place.

Once the FDA declares e-liquid a tobacco product it doesn't matter what the states do. My guess is when they do, though, most states will just amend tobacco regulations and taxes to include e-liquid...
 

stevegmu

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It's ok to say you were wrong, it isn't, not yet.

I was incorrect in that I said it is not legally a tobacco product; it is, and by that basis the FDA can regulate it under the Tobacco Control Act. How else would the FDA have the authority to regulate it? The very fact there are 'deeming regulations' states it is...
 

Lessifer

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I was incorrect in that I said it is not legally a tobacco product; it is, and by that basis the FDA can regulate it under the Tobacco Control Act. How else would the FDA have the authority to regulate it? The very fact there are 'deeming regulations' states it is...

Here's how it works: E-liquid is not currently a "tobacco product," that is why the FDA does not currently have jurisdiction over it, and why states would like to add it to the definition of tobacco product. The FDA would like to have jurisdiction over e-liquid, so they have PROPOSED to DEEM anything that contains nicotine, that is not pharmaceutical, to be a tobacco product. That "deeming" is not final, merely proposed. So, as of today, in California, and Federally, e-liquid that contains nicotine is not a tobacco product.
 

stevegmu

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Here's how it works: E-liquid is not currently a "tobacco product," that is why the FDA does not currently have jurisdiction over it, and why states would like to add it to the definition of tobacco product. The FDA would like to have jurisdiction over e-liquid, so they have PROPOSED to DEEM anything that contains nicotine, that is not pharmaceutical, to be a tobacco product. That "deeming" is not final, merely proposed. So, as of today, in California, and Federally, e-liquid that contains nicotine is not a tobacco product.


Maybe that's why these proposals never pass...
 

NorthOfAtlanta

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Here is how Georgia defines them by law, this was in HB251 passed last year and went into effect on July 1, 2014.

HB.251.2013-2014 Regular Session

37 (8) 'Tobacco product' means any cigars, little cigars, granulated, plug cut, crimp cut,
38 ready rubbed, and other smoking tobacco; snuff or snuff powder; cavendish; plug and
39 twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings,
40 cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in
41 such a manner as to be suitable for chewing or smoking in a pipe or otherwise, or both
42 for chewing and smoking. The term 'tobacco product' shall not include any alternative
43 nicotine product, vapor product, or product regulated as a drug or device by the United
44 States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic
45 Act.

49 (10) 'Vapor product' means any noncombustible product containing nicotine that
50 employs a heating element, power source, electronic circuit, or other electronic, chemical,
51 or mechanical means, regardless of shape or size, that can be used to produce vapor from
52 nicotine in a solution or other form. The term 'vapor product' shall include any electronic
53 cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or
54 device and any vapor cartridge or other container of nicotine in a solution or other form
55 that is intended to be used with or in an electronic cigarette, electronic cigar, electronic
56 cigarillo, electronic pipe, or similar product or device. The term 'vapor product' shall not
57 include any product regulated as a drug or device by the United States Food and Drug
58 Administration under Chapter V of the Food, Drug, and Cosmetic Act."

Might be why they haven't tried to tax them yet, too much logic for any of the States that used tobacco taxes to balance their budgets.

:D:vapor:
 
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