Deeming Regulations have been released!!!!
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Any product after 8/8/2016 can't be sold period without a prior PMTA approval (which to date, nothing after 8/8/2016 has been). Prior products can be sold today and must submit a PMTA by the 9th.
Actually all US products came onto market in 2016. That's when the first US patent for Ruyan was released. So every product may apply for PMTA, with no guarantee of approval. While waiting for approval, the product may be continued to be marketed until either the application is rejected, or one year later, if the PMTA is failed to be granted. Although it sounds like it could take longer than a year. If after a year, the PMTA is accepted, the product may be sold indefinitely.
Umm... patents protects the owner from others selling clones. And having a patent means nothing to the FDA's PMTA. All the FDA cares about is when it was first marketed and if a PMTA was filed.
I was wrong on the patent, 2006, not 2016, and the deeming grandfather clause reaches back that far. I mentioned the patent because there are no pre2006 products available for us to fall back on.
The best thing Zeller has ever said is this:
"If we could get all of those people [who can't or won’t quit smoking conventional cigarettes] to completely switch all of their cigarettes to the non-combustible products that would be good for public health."
"It is not the nicotine that kills half of all long-term cigarette smokers. The nicotine creates and sustains the addictions, but it's not the nicotine that kills people."
I start every letter to legislators with this quote. Never did us any good.
Sure we can. There are lots of pre 8/8/2016 products still being sold. The DNA60 Billet Box is a huge example. Then there are many others things like from Aspire, like Nautilus, Atlantis, Triton, etc. still being sold. Kanger Subtank OCC coils are still common. I am not up on Smok stuff, but I am sure they still sell a few. Same I bet for iJoy, Joyetech, and for many others. Heck fasttech even still sells the Vamo v2.
Unfortunately, everything I use now is post-2016. I have tons of older gear in my Vapocalypse box, but not in use any more. Not going back to Vision Spinners with T3 clearomizers.
Funny? Yes, it is. True, that, too, is true. Sad, the corruption of the government is astounding in its audacity, its breadth and its depth.
Well knowing how much Big Tobacco and the Government hates vaping, I fully expect the FDA will be mailing millions of Refusal to Accept (RTA) letters on Monday, September 10. My understanding is the FDA doesn't have to state the reason for the refusal. Of course there will be lawsuits, but the Government will get the taxpayers to pay for it all anyway. And then drag it out until the e-cig community is bankrupted.
Then we enter into the new post September 10th era.
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Unfortunately, everything I use now is post-2016. I have tons of older gear in my Vapocalypse box, but not in use any more. Not going back to Vision Spinners with T3 clearomizers.
Well the great thing is the PMTA doesn't affect what you own, so we're safe there. It also doesn't affect sales outside of America. So purchasing outside of the US should continue to be without a problem. But it is a huge burden on sales within the country.
I'm confused.
Last I checked a few days ago the grandfather date for PMTA is Feb 15, 2007, not Aug 8, 2016. If the 2007 grandfather date has not changed, that means that virtually every product out on the market today, including 510 and 808 cigalikes and eGo batteries and their tanks/cartomizers all need a PMTA to remain on the market. This would even include CE series clearomizers.
Please correct me if this has been updated because if anything on the US market before 8-8-2016 is allowed to be sold without PMTA then that changes the level of doom I would feel about PMTA and deeming.
You are right. I typed pre2016 when I meant pre2006. There wont be any resurrection of old technology to save us.
I believe the Feb 15, 2007 date is correct, therefore anything with a 510 is out since it wasn't invented until 2008.
You are correct. The "grandfather" date is 2/15/07.
Deeming rules took effect 8/8/2016
The Deeming Rule: A Brief History and Timeline of the FDA’s Vaping Regulations - Vaping360
No, no! The grandfather date of Feb 15, 2007 is very real and is something else completely. Anything prior to this date is exempt from the PMTA completely.
And anything marketed between Feb 15, 2007 through Aug 8, 2016 can still be sold legally and must file a PMTA by Sep 9, 2020. Anything marketed after Aug 8, 2016 can't be sold legally until a PMTA is filed and approved. Which basically means everything marketed after Aug 8, 2016 and sold in the country is illegal. Because nothing has been approved yet except iQOS and snus.
After 28,000+ posts and 1400+pages it's easy for the basic deeming dates and rules to get lost in the shuffle.
Perhaps many got lulled into complacency and forgot that that cool new shiny from last couple years is not among things that can get PMTA approval.
Depending on the when and how of enforcement, many vapers are in for a big surprise.
Perhaps many got lulled into complacency and forgot that that cool new shiny from last couple years is not among things that can get PMTA approval.
Depending on the when and how of enforcement, many vapers are in for a big surprise.
That clears it up. What specific technology came after 2016 are they gunning for?
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