Class Action Exploding Devices

[Shekinahsgroom]

Why manufacturers are required to register:

(Middle of page 12)

4. Who determines whether a manufacturer-owned item is not in compliance with the regulations?
The initial determination as to whether a manufacturer-owned item complies with the regulations should be made by the manufacturer itself. In most cases, this determination should be easy to make. A manufacturer is responsible for the removal of all violative self-service displays, advertising, labeling, and other items that it owns from each point of sale. In addition, FDA will be conducting compliance check inspections and may notify you of a violation.

If you registered for personal use only, then you're safe...(I assume?)

 

[Shekinahsgroom]

To be con't....

(Playing a new app; Angry Birds 2)

 

[Lessifer]

I can say with 100% confidence that you are the only person on the planet who is interpreting the TCA this way. You're splitting hairs over the word, "manufacturer" and taking it way out of context. Well outside the intent of the regulations.

And to Less: Give it up.

I think I'm going to take your advice now. I don't know how else to explain that the definition of a manufacturer only applies to those engaged in the sale or distribution or products, because the entire rule itself only applies to the sale or distribution of products.

 

[Shekinahsgroom]

I just sent an e-mail to the FDA: AskCTP@fda.hhs.gov

Probably be a couple weeks before I hear back...

I'll post their response(s).

 

[Shekinahsgroom]

Automated first response:

Thank you for contacting FDA’s Center for tobacco Products.
If you are writing with a general comment, we will share your comment with the appropriate subject matter experts. If you are writing with specific questions, we will respond to your questions as soon as possible. Please note that given the many email messages the Center receives, response times can vary depending on the nature of the message.

Automated second response:

Thank you for contacting the Center for tobacco Products. Your inquiry will be routed for appropriate response. In the meantime, for general information on the Family Smoking Prevention and tobacco Control Act, please go to www.fda.gov/tobacco. Please do not reply to this automated message.

 

[Verb]

Shek following what have posted, if I remove a cigarrete from a pack I purchased at a store, set it down on the table, and come back five minutes later, and pick it up, then I'm a manufacturer. I repackaged it for myself.

Also included would be assembling your own atty-mod combo, rebuilding your own RDA, or refilling your own tank.

 

[Shekinahsgroom]

Shek following what have posted, if I remove a cigarrete from a pack I purchased at a store, set it down on the table, and come back five minutes later, and pick it up, then I'm a manufacturer. I repackaged it for myself.

Also included would be assembling your own atty-mod combo, rebuilding your own RDA, or refilling your own tank.

"and place them in packages with your company’s name (or any other name) on the package, you are a manufacturer because you repacked and relabeled the cigarettes, even though you did not make the finished cigarettes themselves."

Mixed juice bottle: Lessifer's Special Mix

Nothing in here about sales or distribution, that's why I posted this particular reference.

 

[KODIAK (TM)]

Still searching for personal use stuff.

You'd have to find a case where the FDA actually pursued an individual for personal use.

But it's so ludicrous, you won't find it. This should tell you something.

 

[Shekinahsgroom]

You'd have to find a case where the FDA actually pursued an individual for personal use.

But it's so ludicrous, you won't find it. This should tell you something.

The definitions of the law were only published just 6 months ago, they're too busy taking in registrations.

But not finding a case doesn't mean that the law doesn't exist. Ludicrous is assuming that you're a lawyer now and you can do whatever you want so long as you're not caught doing it. Countless people in prison with the exact same point of view.

 

[KODIAK (TM)]

The definitions of the law were only published just 6 months ago, they're too busy taking in registrations.

Yes, I know. I was referring to RYO tobacco cases for personal use. Go find me one.

 

[Shekinahsgroom]

Yes, I know. I was referring to RYO tobacco cases for personal use. Go find me one.

Just have your paralegal find it for ya, you being a lawyer and all.

 

[snork]

This is a really weird thread.

 

[Ca Ike]

Hmm I was going to debate Shek like the rest of you but after re reading her posts I realized she suffers from the same idiocy she is claiming to combat as well as the " my way or the highway" mentality. When you can't even get a simple fact of what agency is responsible then the rest of the "facts" posted come into question. You need to educate yourself then come back and debate Shek. Until then you are only arguing for the very overreaching regulation and agency overeach we are fighting now. The ignorance you display is in part what led to the current deeming.

The ONLY thing the FDA should have any say in, is the ingredients in the liquid we use. Oh , wait! They did that 30+ years ago and deemed them safe.

 

[Shekinahsgroom]

The ONLY thing the FDA should have any say in, is the ingredients in the liquid we use. Oh , wait! They did that 30+ years ago and deemed them safe.

You're welcomed to contribute and debate all you wish, but personal attacks will get you nowhere. Starting a flame-war with insults is definitely a BAD IDEA...

 

[skoony]

Fraid not..

"Under section 905 of the Tobacco Control Act, every person who owns or operates any domestic establishments engaged in the manufacture, preparation, compounding, or processing of a regulated tobacco product must register those establishments with FDA by December 31 of each year."

DIY = manufacturer who must register any products being made.

If you don't register as a manufacturer, you're building/mixing stuff illegally.

Read what you quoted. The key words are "of a regulated tobacco product".
DIY is not a regulated tobacco product and as such does not fall under the
jurisdiction of the clause you quoted.
"every person who owns or operates any domestic establishments engaged in the manufacture,preparation, compounding, or processing of a regulated tobacco product"

Ones home is not a establishment.
Mike

 

[KODIAK (TM)]

You're welcomed to contribute and debate all you wish, but personal attacks will get you nowhere...

Earlier, you called me a <gasp>, "Lawyer"!

Take it back.

 

[Shekinahsgroom]

"every person who owns or operates any domestic establishments engaged in the manufacture,preparation, compounding, or processing of a regulated tobacco product"

Ones home is not a establishment.

Law Dictionary:

domestic establishment

 

[Shekinahsgroom]

Earlier, you called me a <gasp>, "Lawyer"!

Take it back.

I gave you a compliment Kod, lawyers are highly intelligent and smart.

Passing the bar exam isn't an easy task.

 

[Lessifer]

Law Dictionary:

domestic establishment

So, you believe that the FDA considers every person who rolls their own cigarettes, for personal use, to be a cigarette manufacturer?

 

[Shekinahsgroom]

So, you believe that the FDA considers every person who rolls their own cigarettes, for personal use, to be a cigarette manufacturer?

I believe what the FDA published.

"every person who owns or operates any domestic establishments engaged in the manufacture,preparation, compounding, or processing of a regulated tobacco product"

We already know what the FDA has deemed to be a "tobacco product" and now we know what the law defines as a "domestic establishment".

I'm now waiting for a reply directly from the FDA to answer the remaining questions so we can all rest easier (or live in fear of being caught) and continue on with another discussion.

Does that sound fair?