Deeming Regulations have been released!!!!

Brewdawg1181

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What is a "non-cartridge-based electronic cigarette". Does that mean a tank (or kit that comes with a tank) that doesn't come prefilled with eliquid and that can be filled and refilled by the end-user?
According to language I'd read earlier, it was essentially prefilled cartridges, not "designed" to be refilled. Can't remember where I'd read it exactly, but they detailed that those were the products of choice for youth. Their final guidance language put those at the top of the list for enforcement. That final guidance doc issued January may even spell out what I just said, but I can't remember. Here it is:https://www.fda.gov/media/133880/download

And here's the summary of priorities. The definitions precede this.
upload_2020-3-10_19-14-46.png
 

UncLeJunkLe

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According to language I'd read earlier, it was essentially prefilled cartridges, not "designed" to be refilled. Can't remember where I'd read it exactly, but they detailed that those were the products of choice for youth. Their final guidance language put those at the top of the list for enforcement. That final guidance doc issued January may even spell out what I just said, but I can't remember. Here it is:https://www.fda.gov/media/133880/download

And here's the summary of priorities. The definitions precede this.
View attachment 873979

Thanks.

I have read on other sites in past months where some supposedly-pro-vape senators & reps are supposedly telling their constituents that "non-cartridge-based electronic cigarettes" are "exempt" from FDA deeming regulations.

But what you posted doesn't actually say that.

These congressmen seem to be interpreting the phrase "prioritize enforcement of" to mean "only seek enforcement of". But to me, it reads "begin with the enforcement of"...if proper, modern American English is being used.
 
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Brewdawg1181

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Thanks.

I have read on other sites in past months where some supposedly-pro-vape senators & reps are supposedly telling their constituents that "non-cartridge-based electronic cigarettes" are "exempt" from FDA deeming regulations.

But what you posted doesn't actually say that.

These congressmen seem to be interpreting the phrase "prioritize enforcement of" to mean "only seek enforcement of". But to me, it reads "begin with the enforcement of".
Well, they're politicians, so they can't be lying, right? ;) Let's just call them, oh, Biden-like misstatements.

No, deeming is just what it originally was. They do, however, seem to be following their spelled out priorities so far, which only buys a little time for those of us not vaping "kid stuff."
 

DaveP

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99% of my DIY vape has been unflavored for years. I just started vaping unflavored and lost the desire over time for flavorings. I still have the flavor concentrates in bottles and the ones that are supposed to be transparent still are. They are years old, stored in a tackle box in a closet away from light, and haven't discolored. I've been thinking lately about mixing up a few tobacco flavors.
 
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hittman

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    99% of my DIY vape has been unflavored for years. I just started vaping unflavored and lost the desire for flavorings. I still have the flavor concentrates in bottles and the ones that are supposed to be transparent still are. They are years old, stored in a tackle box in a closet away from light, and haven't discolored. I've been thinking lately about mixing up a few tobacco flavors.

    I’ve started getting into nets and have gotten several from stixx that I like.
     

    newyork13

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    I'll preface my remarks by saying I'm not a republican.

    Let's see if I've got this right: the democrat controlled House passed a bill which likely would ban much of the e-cig world. It was along party lines, with most democrats for and most republicans against.
    A statement from the WHouse indicated that it was against the bill, language (if I recall it right) indicating that it would be negative for those availing themselves of the health benefits of kicking smoking.

    I'm not a one issue voter, but...
     

    AttyPops

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    Hey, I'm totally ticked at the failure-nanny-Dems, just as much as I'm ticked at the GOP-corporatist stone-wallers right now.

    We're doomed.
    Giant Meteor 2020
    (There's a really small one that's going to miss us this week, so I think the cosmic pre-season is going on now)
     

    englishmick

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    We're doomed.
    Giant Meteor 2020
    (There's a really small one that's going to miss us this week, so I think the cosmic pre-season is going on now)

    Don't know where you get your information Pops. The word on the news sites I trust is that the Greys are getting ready to make another major change to our DNA. Nobody believes that meteor stuff.
     

    AttyPops

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    Don't know where you get your information Pops. The word on the news sites I trust is that the Greys are getting ready to make another major change to our DNA. Nobody believes that meteor stuff.
    Can we put a word in to add the cancer-proofing P53 and LIF6 genes?
    Elephants rarely get cancer thanks to a ‘zombie’ gene | Science | AAAS

    (And killing elephants won't help, you can't eat your way to genetic changes. Just throwing that in there for the damn idiots and poachers).
     

    JustWondering1

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    Undr the current conditions, and with May approaching, how many resources will the FDA be throwing into vaping enforcement?

    Besides, with so many businesses closed the filing date has to be rolled back just out of practicality.

    What you are saying makes a whole lot of sense to me. I hope you are right!
     

    markfm

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    Hard to tell what the coronavirus impact will be relative to deeming. FDA staff is almost 18000 full time equivalents. I don't know how many are in the Center for Tobacco Products, but those staff likely don't have the domain expertise to be doing things relative to coronavirus.

    Upper management at FDA will certainly be focused on the virus, but that doesn't mean CTP activities will come to a full stop. They may delay enforcement due to practicality, without any official change in the date, leaving a hammer over the heads of manufacturers and shops.

    Changing the filing date is not a given, IMO.
     
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    UncLeJunkLe

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    Undr the current conditions, and with May approaching, how many resources will the FDA be throwing into vaping enforcement?

    Besides, with so many businesses closed the filing date has to be rolled back just out of practicality.

    All that would need to be done is for merchant banks to change the category of ENDS products from "high risk" to "restricted" and online vape sales can be curtailed almost overnight.

    US-based online merchants would have their merchant processing accounts shut down, just as they did when the merchant banks categorized vape from "no risk' to "high risk" back in 2011-ish. They lost their non-high risk accounts and the ability to use 3rd party processors like Paypal (3rd party processors are not allowed to process high risk transactions in the USA unless they have a high risk accounts themselves - a few do, but most don't).

    So the merchants had to quickly look for merchant service providers who would take on high risk processing accounts in the vape category, which were few at the time. "Selling porn and cigarettes? No problem? Vape? That's new, we aren't touching it!" Many merchants got hammered with excessively high rates from unscrupulous merchant service providers who were often selling off-shore processing accounts to these desperate vape merchants.

    It worked out in the end as more service providers started offering accounts for vape, and fees/contracts started to get better (more competition in the vape processing category).

    But there would be no happy ending if vape were to be categorized as "restricted" instead of "high risk".

    They could allow the restricted ENDS/vape transactions for only B&M accounts but that would still really put a hurting on vape availability.

    I'm not saying this will happen, but it is one relatively easy way to "controlling vape" and it was already done before to a different degree so I say it's a great possibility of happenning again, only worse.

    Controlling a whole industry is easy when you cut off the ability to processing electronic transactions.
     
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