Deeming Regulations have been released!!!!

CMD-Ky

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I think I mentioned this before. Have a lifelong buddy who had quad bypass a few years ago. He smoked since he was a young teen and quit in favor of vaping just a year prior to his bypass. He blamed vaping. Forget about the 43 years he smoked and drank. It happened after he switched to vaping so it had to be that. :facepalm:

Too strange, believable but strange.
 

CMD-Ky

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Also I thought David Koresh banged a bunch of his followers and whatnot?

Did he like Bobbitt his other followers, or was it the push toward death kinda generally.

In any case I'm not trying to start a CULT (although it might not be a bad starting point I GUESS but it WOULD be a bad STARTING point because you gotta ease people into cults and saying NO SEX EVER is like, not easing anyone into anything.)

If I were to start a cult....

Sigh. Not enough time I gotta get back to cleaning.

Anna

Sadly. we don't have and "Interesting" button.
 

Hoggy

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Strangely, an idea for some re-railment came after a vid from another thread:


And this goes to the heart of the problem with Federal Agencies, that among others, I think it was @MacTechVpr brought up in this thread and piqued my interest. The Agency State problem that a Supreme Court case regarding something to the effect of the Auer(??) Deference (forgive me, I'm probably butchering much of this).

1. Does anyone know what's happening with that? (This seemed like something that should NOT be skipped over in *THIS* thread, IMNSHO.)

2. And this is what my preliminary looking into at that time brought up, but I never was able to make heads or tails of. That Auer(/Auger??) Deference was essentially coming down to left-wings arguing FOR the Agency State - and right-wings arguing AGAINST the Agency State. But I never could figure out why at the time.

So, being a left-ish godless chamomile'd liberal American ( :D )... Can anyone tell me why on Earth I am supposedly supposed to be FOR an Agency State?? Cause for-the-love-of-GOD, all I've been doing my entire life is fighting AGAINST constant BS, lies, endless corruption, and propaganda (up to and including gag-orders, free-speech rules, and eviction-threatening) brought about BECAUSE of this very Agency State nonsense? (Albeit obviously, I started with fighting a Different Agency about a Different Substance, initially.)

..... Cause, I just don't see how any argument in the world could EVER persuade me to actually be FOR the Agency/Administrative State that we have, in fact, been living in for so long.
 
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stols001

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IDK. Deeming is TOTALLY cult like behavior if you ask me. TOTALLY, the government is the biggest one there is so we should be prepared,

We should ALL visit our local Scientology offices and gird our loins. Because they DID beat the IRS for an UNUSUALLY long time, even if it meant the founder had to live in a boat in international WATERS.

We should take LESSONS from Scientology, and then we should go to Anonymous and find out how to beat the government at their own game which is, (and this is saying something for Anonymous because they are NOT DUMB people) absolutely impossible without at least SOME of your founders being LOCKED UP.

I can't do lockup though, so I'm gonna go out with a BANG. Should one be needed.

If anyone things the government is not being TOTALLY cultish about vaping they're nuts if you ask me.

This probably means Classwife gonna close the thread, she always does when I'm right and she doesn't like it.

OKAY ANNA POST PREPARE FOR NUCLEAR DESTRUCTION.

Nice not talking to you all. For that brief moment.

Anna

Anna
 

Hoggy

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And I make NO apologies for my part in derailing. :evil:

Well, threads can get pretty dry if they're all work and no play. And I'll ALWAYS step in to confront all the damage that governmental Agencies have wreaked upon people with all their misinformation.

Speaking of which, I hope someone knows about that Supereme Court case that was brought up.

I still can't understand why that's not a more prominent discussion in this thread.
(@MacTechVpr please help fill us in! :confused:)
 
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classwife

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This probably means Classwife gonna close the thread, she always does when I'm right and she doesn't like it.


I don't partake in who is right or wrong - it's an e-cigarette forum.
Honestly, I don't read most garbage, I skip over it - unless there is a report of a problem.
Threads get closed when members start reporting other member's continuous derailing and inappropriate comments.
This thread is about the Deeming Regulations, people do find it important and come here looking for the latest information.
 

MacTechVpr

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And I make NO apologies for my part in derailing. :evil:

Well, threads can get pretty dry if they're all work and no play. And I'll ALWAYS step in to confront all the damage that governmental Agencies have wreaked upon people with all their misinformation.

Speaking of which, I hope someone knows about that Supereme Court case that was brought up.

I still can't understand why that's not a more prominent discussion in this thread.
(@MacTechVpr please help fill us in! :confused:)

Good someone remembers. I posted the link at some point but little time tonite. Involves sev CA vendors filing at the fed level and among other things bringing up free speech issues and yes, the implications of Auer v. Robbins as regards the deeming as I recall.

There have been several cases of late with implications for the bureaucratic state. One recently in Kisor v. Wilkie but I'm not adequately informed on the impact for us lacking the time unfortunately to assess it. We'll try and get back to this. I haven't heard anything on this as well.

Good luck. :)
 

Hoggy

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There have been several cases of late with implications for the bureaucratic state. One recently in Kisor v. Wilkie but I'm not adequately informed on the impact for us lacking the time unfortunately to assess it. We'll try and get back to this. I haven't heard anything on this as well.

Ah, this was the one I was thinking of from a while back. But according to Wikipedia, it didn't go so well:
(From: Kisor v. Wilkie - Wikipedia)

"The case sought to have Auer overturned. The Court issued its decision in June 2019 that Kisor lacked sufficient motivation and rationale to overturn Auer on precedent, but did reverse and remand the veteran's case to be reheard with stricter adherence to the principles of whether the Auer deference did apply in the veteran's case.[1] However, the Court did state that there are times where the Auer deference may be inappropriate, and outlined rules for lower courts to use to as a metric."
 

MacTechVpr

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Ah, this was the one I was thinking of from a while back. But according to Wikipedia, it didn't go so well:
(From: Kisor v. Wilkie - Wikipedia)

"The case sought to have Auer overturned. The Court issued its decision in June 2019 that Kisor lacked sufficient motivation and rationale to overturn Auer on precedent, but did reverse and remand the veteran's case to be reheard with stricter adherence to the principles of whether the Auer deference did apply in the veteran's case.[1] However, the Court did state that there are times where the Auer deference may be inappropriate, and outlined rules for lower courts to use to as a metric."

What rationale? That the VA should spend its resources looking for reasons to exclude our veterans of service by interpretation? When neither they nor the courts seem to know what unqualified relevancy means.

I could spend a few days here.

Jefferson was right, "It is a very dangerous doctrine to consider the judges as the ultimate arbiters of all constitutional questions. It is one which would place us under the despotism of an oligarchy."

And that is exactly what the circle jerk in Kisor does or worse if courts defer their own substantial dominance over our laws to unelected bureaucrats…

Symposium: A small win for James Kisor; a big loss for the Constitution

My position's been clear on this quagmire…extract vaping from tobacco legislation. Only way to be sure as if the above were not enough proof. Maybe then we may be allowed our own industry and choices.

Good luck. :)
 
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Eskie

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What rationale? That the VA should spend its resources looking for reasons to exclude our veterans of service by interpretation? When neither they nor the courts seems to know what unqualified relevancy means.

I could spend a few days here.

Jefferson was right, "It is a very dangerous doctrine to consider the judges as the ultimate arbiters of all constitutional questions. It is one which would place us under the despotism of an oligarchy."

And that is exactly what Kisor does or worse if they defer their own substantial dominance over our laws to unelected bureaucrats…

Kisor v. Wilkie

My position's been clear on this quagmire…extract vaping from tobacco legislation. Only way to be sure as if the above is not enough proof. Maybe then we may be allowed our own industry and choices.

Good luck. :)

If you extract vaping from tobacco legislation (and no idea how that can ever happen given rulings to date) another agency like the CPSC will leach on. Actually they already have their own regs for the bottling of e juice for retail sale with flow restrictors to prevent spills, and of course, the ubiquitous child proof cap.

I know we all would love for regulation to disappear, but it's not happening. Not for vaping and not in one form or another for every other product out there. Hoping for that is like expecting the IRS and taxes to disappear.
 

Hoggy

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What rationale? That the VA should spend its resources looking for reasons to exclude our veterans of service by interpretation? When neither they nor the courts seems to know what unqualified relevancy means.

I could spend a few days here.

Jefferson was right, "It is a very dangerous doctrine to consider the judges as the ultimate arbiters of all constitutional questions. It is one which would place us under the despotism of an oligarchy."

And that is exactly what the circle jerk in Kisor does or worse if they defer their own substantial dominance over our laws to unelected bureaucrats…

Symposium: A small win for James Kisor; a big loss for the Constitution

My position's been clear on this quagmire…extract vaping from tobacco legislation. Only way to be sure as if the above were not enough proof. Maybe then we may be allowed our own industry and choices.

Good luck. :)

Wait a second, don't we WANT the Auer deference to be overturned (and likely Chevron, as well)? It would seem to me that would stop these Agencies from being able to make ambiguous rules, for which they can later make up their own ambiguous interpretations anytime they see fit to do so.
 
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MacTechVpr

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If you extract vaping from tobacco legislation (and no idea how that can ever happen given rulings to date) another agency like the CPSC will leach on. Actually they already have their own regs for the bottling of e juice for retail sale with flow restrictors to prevent spills, and of course, the ubiquitous child proof cap.

I know we all would love for regulation to disappear, but it's not happening. Not for vaping and not in one form or another for every other product out there. Hoping for that is like expecting the IRS and taxes to disappear.

Eskie, I'd say repeal of those ambiguous delegations by legislatures enabling FDA and others' interpretive jurisdiction. And I know what will be said…impractical, improbable, impossible. Is that so actually? That we insist our government adhere to its lawful obligation? Or the fantasy of reigning in a moving target of infinitely expanding regulatory interest and authority that much better?

So, we should learn to like what we have. Easy enough. We've been losing that undeclared war on our individual sovereignty for two centuries. And my problem with all this is that legislators insist we abide by our laws, while they don't. What happened with congressional review of the deeming? They failed us.

The crafter's definition of regulation was never to my understanding intended to be as one of ownership, control or design but a balancing of interests and rights. Maybe we roll it back some to begin there in principle.

But suspend the doctrine of original intent in the law or negate it by legislative [or judicial] concession to agency and what remains is the illusion of self-government.

Good luck. :)
 
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billthetroll

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Are You just coming to this Conclusion?

Although, for the General Vaping Community/Market, I couldn't Agree more with what you say. But your Post is Misplaced. Because the People in this Thread, for the Most Part, are the Letter Writers. And supporters, for the Most Part, of Advocacy Groups. And the one's, for the Most Part, who would attend a "Rally". If there was one.

There was a Member here a Long Time Ago...

12220.jpg


... and when Deeming was still in the FDA Public Comment phase took it on himself to go to Local Vape Shops in His area in Hopes of Drumming up Support thru Retailers. He was meet with just about Zero Support. I think it Really Shocked Him.

I also contacted the Owners of 3 Vape Shops that I know. And asked if They could hand out Flyers to their Walk-In Customers explaining what the FDA was purposing. And to send a Link to the Information to their Customer via e-Mail. I offered to Print the Flyers for them. Or to make Posters that they could put in their shop using an HP 350c I have. I was Met with the Exact same thing. Zero Support.

When I challenged them on it I was told, in various forms, that they Didn't want to Scare their Customers. And to get them Thinking about how DIY could make them Self-Sufficient. Because the sale of e-Liquids was what reaped the Profits. And if people started doing DIY, the Businesses would go Belly Up. There's No Profit in selling Hardware.

I also got involved with some people who Tried to Leverage campaign contributions to include Positive and or Reasonable Support for Pending/Future e-Cigarette policies. We had a Few Gains. But they were Dwarfed by the Money that was going into Anti-Vaping Campaigns.

Here's the Thing. If you want to do anything at the Grass Roots level, you need to Contact a Lot of People. A LOT of People. Because in a Best Case Scenario, you might get 1 out of 10 people to do more than just agree that things are Not Right. And to get someone to get off their Couch on a Saturday and stand in a Crowd holding a Pro-Vaping sign, you are probably talking 1 of 50. So to get 100 people in the Streets, well... you can do the Math.

Without the Support of Retailers and OEMs, who can Reach Hundreds of Thousands of People in 1 e-Mail, there is a Limit to just what Individuals can do in a Thread like this.

It Isn't that they Don't want to Do Anything, they Do. They just Don't have vehicle to do it with.

The VAST MAJORITY of Vapers Don't frequent the ECF. Or any other Forum where Advocacy might (or Might Not) even be Mentioned.

So yeah... It's all Kinda going to Hell in a Hand Basket. But that Doesn't mean that there are Not those who Care. Or have Tried to Play a Part, albeit a small one, in it Not Happening.
couple people already getting a really started.it's the vaping legend network they have lots of people backing them.they're getting the perments started now so let's see if it works.I really don't see it doing anything.at lest we can all meet up with the people we talk to in all these forums if enough of us show up but #1 I don't see people showing up in large number vapers tend to be lazy or maybe not lazy they just hope the next man does the .....ing for them #2 it's to late nothing can change this.....it's a rap
 

Zazie

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couple people already getting a really started.it's the vaping legend network they have lots of people backing them.they're getting the perments started now so let's see if it works.I really don't see it doing anything.at lest we can all meet up with the people we talk to in all these forums if enough of us show up but #1 I don't see people showing up in large number vapers tend to be lazy or maybe not lazy they just hope the next man does the .....ing for them #2 it's to late nothing can change this.....it's a rap
I don't think vapers are any lazier than anyone else. Most people don't rouse themselves to activity beyond grumbling.
 

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