Deeming Regulations have been released!!!!

The Ocelot

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Hmmm...

I'm not sure when this was published, but it was after March 2011. It's anti-tobacco, but makes interesting points.

http://publichealthlawcenter.org/si...urces/tclc-fda-tobacco-products-apps-2015.pdf

"With its sophisticated knowledge of the tobacco Control Act and instinct for profit-seeking at the expense of public health, the tobacco industry orchestrated a massive exploitation of this loophole in the new product authorization process.

"The industry flooded the FDA with Provisional SE reports just before the March 22, 2011 deadline, bringing the total number of Provisional SE reports to 3,517. This activity is striking considering that the industry filed only 959 Regular SE reports after March 22, 2011, and only 63 total product applications under the pathways that are entirely subject to premarket review (4 PMTAs and 59 SE Exemption requests).

"This means that 77% of the 4,539 applications that the FDA has received to allow new products to enter the market were submitted through the loophole that allows the industry to sell the products before they can be reviewed by the FDA."

As I previously posted:

A 2012 investigation by the Associated Press found that the FDA had received nearly 3,500 of these "substantial equivalence" applications since the law took effect in 2009. The agency was expected to rule on these applications within ninety days of receipt. At the end of 2012 it had issued zero rulings, with many applications lingering for years.

Link to AP article: http://bigstory.ap.org/article/fda-review-tobacco-products-grinds-halt
 

Robert Cromwell

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Hmmm...

I'm not sure when this was published, but it was after March 2011. It's anti-tobacco, but makes interesting points.

http://publichealthlawcenter.org/si...urces/tclc-fda-tobacco-products-apps-2015.pdf

"With its sophisticated knowledge of the Tobacco Control Act and instinct for profit-seeking at the expense of public health, the tobacco industry orchestrated a massive exploitation of this loophole in the new product authorization process.

"The industry flooded the FDA with Provisional SE reports just before the March 22, 2011 deadline, bringing the total number of Provisional SE reports to 3,517. This activity is striking considering that the industry filed only 959 Regular SE reports after March 22, 2011, and only 63 total product applications under the pathways that are entirely subject to premarket review (4 PMTAs and 59 SE Exemption requests).

"This means that 77% of the 4,539 applications that the FDA has received to allow new products to enter the market were submitted through the loophole that allows the industry to sell the products before they can be reviewed by the FDA."

As I previously posted:

A 2012 investigation by the Associated Press found that the FDA had received nearly 3,500 of these "substantial equivalence" applications since the law took effect in 2009. The agency was expected to rule on these applications within ninety days of receipt. At the end of 2012 it had issued zero rulings, with many applications lingering for years.

Link to AP article: http://bigstory.ap.org/article/fda-review-tobacco-products-grinds-halt
Now they have a rule that says that basically if they do not rule within 1 year it is an automatic fail.
Why do you think they put that in there?
 

sparkky1

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and more recently you can no longer use Paypal to buy Aspire products from Fasttech, so, they can effectively shut it down quite a bit, if not totally, by eliminating payment methods combined with customs and bans.

Aspire has petitioned PayPal to disallow it's use as a payment gateway for non-authorized distributors of aspire products, it's been that way since last year, gift certificate is an easy work around for FT ..........
 

Ipster

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It is about to hit the fan and I for one am still fighting. If you haven't signed this petition yet U.S. Senate, U.S. House of Representatives, President of the United States: Reject the FDA's Deeming of Vapor Products as Tobacco Products , Please do. It is getting very close to time for it to be sent to those that could do something about this. It will surprise me if they even read it but it is one more outlet for our anger and if we do nothing, they win by default.

At my signing there are 54,449 supporters of the 75000 needed....so PLEASE ppl....get up to the site and get it done, and shared! Thanks
 

Ipster

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No way is the vape industry going to just bend over for this. I see an all out war coming, I really do. Flat out non-compliance, blatant work arounds, black market, you name it.
Well if we think pessimistically and consider it a lost battle, then youre right, and Here, Here, Hear, Hear. Go for the jugular!
However, with the inherent truth in your statement and now Halo filing suit- Im (eternal optimist and willing to work for it) hoping that this isnt going to be lost to the FDA.
 

nicnik

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Now they have a rule that says that basically if they do not rule within 1 year it is an automatic fail.
Why do you think they put that in there?
I don't think it's an automatic fail, but they have to remove it from the market, unless and until the FDA approves their application.

Or, if you were referring to the failure of the FDA to do it's job, sure when that happens, add it to their long list of failures.
 

Robert Cromwell

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I don't think it's an automatic fail, but they have to remove it from the market, unless and until the FDA approves their application.

Or, if you were referring to the failure of the FDA to do it's job, sure when that happens, add it to their long list of failures.
An automatic clearing of their backlogs?
or another way to remove vape stuff from the market without having to make a decision?
 

The Ocelot

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Now they have a rule that says that basically if they do not rule within 1 year it is an automatic fail.
Why do you think they put that in there?

Where is that spelled out? It seems to me that if an application was duly filed, but failed because the FDA didn't get around to reviewing it, would open the door for litigation. Even a class-action suit if it happened to a number of manufacturers.
 

Robert Cromwell

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Vaping is inherently low-fat. Am I still allowed to make that claim? :oops:
Not after August 10 I think.
We are also not allowed to make any comparisons to smoking as far as vaping goes.
Can't even say it has less of any chemicals in the vapor than smoke, etc.
 

Mowgli

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Tonight @10pm EST via via The VP Live Network
IV - EP049 - "Know Your Enemy"
*FDA Regulations - Product Classifications.
*The Cole - Bishop Amendment & HR 2058.
*Preliminary injunctions & Litigation.
*Timeline and enforcement.
*What will affect us in 90 days?
*Next steps for business owners.
*Next steps for consumers.
*Zeller’s “Bedrock Consumer Protection”
*Labeling requirements.
For live phones/chat join us every other Tuesday night at 10pm EST via The VP Live Network
If you would prefer to join us via YouTube the live event link is https://youtu.be/ftq0eQue40o

13220765_1368349369848806_8469957166257587829_o.jpg
 

The Ocelot

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What I take (reading between the lines) from Zeller's answers about flavors, they didn't specifically ban them in the deeming, they expect the PMTA process and the money required to get through that process, to get rid of them?

Page 8:

"The following is a nonexhaustive list of examples of components and parts used with electronic nicotine delivery systems (ENDS) (including e- cigarettes): e-liquids; atomizers; batteries (with or without variable voltage); cartomizers (atomizer plus replaceable fluid-filled cartridge); digital display/lights to adjust settings; clearomisers, tank systems, flavors, vials that contain e-liquids, and programmable software."

It appears that all flavors are now tobacco products. So much for bacon tacos.
 

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