Deeming Regulations have been released!!!!

Katya

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I'm sure they haven't met whatever the new ruling requires. It's too soon.

The vendor I use states that Dekang has been registered with the FDA. I should have said "registered" instead of approved. Registration may just reflect the fact that they use childproof bottle caps that are FDA approved. At this point I have no idea what the FDA is going to approve in e-juices. That will all come later as they answer those questions. Clean rooms and inspections are in the future. I haven't seen anything that defines what can or cannot be in a bottle of juice.

e-liquid Market has this statement on their site.

I'm confused about that. too. Won't Dekang be grandfathered in? Dekang was the only eliquid available back when it all started in 2006-2007. Even in 2009, when I discovered e-cigs, all we had were Chinese juices.
 

Katya

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To be blunt, you're wrong. Congress has empowered the FDA to regulate "tobacco products." "Tobacco products" are defined as anything derived from the tobacco plant and anything that is a "component" of a tobacco product. The FDA has interpreted "component" to mean anything used to consume a tobacco product. All nicotine is derived from the tobacco plant. FDA regulations have the force and effect of law.

So only the courts can stop them, right?
 

bigdancehawk

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This brings up an interesting question. The smart money would go for it with unflavored nic first. Nic manufacturers could band together or a single manufacturer could try and temporarily corner the supply side before SE from the rest of the gang ride the coat tails.

The easiest juice to give it a shot with is unflavored in a bottle. If the FDA shoots that down then the ugly truth rears it's head. Open systems are going bye bye. But if unflavored in a bottle gets the nod then workarounds become pretty clear.

The pioneer manufacturers that test the approval waters first should keep it simple/stupid. No sense going for anything complicated if the simple version can't pass the test.

This whole thing makes me want to walk the streets at night looking for stray puppies to kick and I freekin love dogs. That's how mad I'm getting while mentally grinding over this debacle.
If I had about a million bucks to gamble, it might be worth a shot. But then I'd be a predicate product and every Tom, Dick and Harry would apply for SE and I'd lose most of my market to competition. Now, if I could join forces with my prospective competitors and form a group to fund the initial application, I could see it might be worth the gamble. But right now I don't have a million bucks to spare. Oh well....
 

Bob Chill

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Nope. It's mostly politics. It's mainly because banning cigarettes would cause about 40 million people to vote against anyone who voted for or signed a bill banning a product they are dearly fond of.

Yep. Unfortunately cigs benefit from over 130 years of being on the market and were even advertised as being "good for your health" as late as the 50's. Cigs have been entrenched in society for so long they've become protected because prohibition is too politically dangerous.

An exponentially safer alternative has been born but it's too young to protect itself. So it's easy to extinguish it by simply piggybacking the risk using the "looks like a duck" offense.
 

2coils

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Would it be okay with you if I continue to do Both?o_O
Stock up for my protection............and
Fight for others Right to Choose
I am pretty sure that all of us that made it as far as this forum will find a way to survive this onslaught if the rules were to go unchanged. You have been around long enough to see the big picture;)
 

Jazzman

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I just don't get some of you people. The war was declared today. Just today. And many of you are ready to capitulate without a battle. Everything that has been done before today has just been bluster, feather ruffling, posturing and chest thumping. You can't fight a proposed regulation in the courts, which is all the deeming has been until today. Today it is regulation and this is the first day of the actual war. Today is the day that the war machines are brought to bear on both side to determine the victor. Today is really the first day we can challenge the deeming in court. There is no reason to cede the war before the first real battle is fought.

To be clear, everything we have all done to date has just been to mitigate the rules of engagement because we all knew the war was coming. So OK, the negotiations we not favorable to us. We weren't good enough to achieve that. We tried but were outplayed. Yup. So now that that is out of the way, well... we fight.

Take a vape and calm down a bit and forget the efforts of the past 2 years. I know it sucks, but that was yesterday and we need to focus on the war that started today. Let's not revisit our failed efforts at "peaceful negotiation". That crap is done and it's time to get real and get smart. We do have a good chance of amending (although in my opinion not totally eliminating) the harmful results of this regulatory framework that has been enacted by the FDA through deceitful manipulation of media and science. We don't have to lay down and play dead. That could be an option, but it goes against every fiber of my being. Nope lets get smart and brutal if needed. And we have more powerful allies that many suspect. We do have friends in influential positions that can help in the war and give us a fighting chance. We don't have to do all of this alone with our pitifully small political presence. We need powerful allies with some of this, and this is the direction we should be looking I think.

But no matter what. Don't give up the fight before even the first battle.
 

Katya

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nicnik

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Take a vape and calm down a bit and forget the efforts of the past 2 years.
Today, I have vaped more than double the amount of juice I normally vape in a day. It hasn't quite calmed me, but I'd probably be a wreck on this day, without it.
 

Relaxed99

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I politely disagree. The best thing we can do at the moment is to keep fighting. :)

CASAA: FDA Deeming Regulations: Release and Next Steps

"The most important thing you can do is to make a call, write, or send an email to your Representative and urge them to cosponsor and support HR 2058. If there is one thing that has to be done, this is it. Encourage your family members, friends, everyone who has supported your journey to participate."

Point taken. :) The second best thing we can do at the moment is to stock up on things we need: extra e-liquid, batteries, etc. At least have some for a little while.

Vape on and continue the fight.
 

Bob Chill

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If I had about a million bucks to gamble, it might be worth a shot. But then I'd be a predicate product and every Tom, Dick and Harry would apply for SE and I'd lose most of my market to competition. Now, if I could join forces with my prospective competitors and form a group to fund the initial application, I could see it might be worth the gamble. But right now I don't have a million bucks to spare. Oh well....

It's a bit of a cluster f. Not sure how it plays out. Since vapable juice is an end user product that is comprised of ingredients from multiple suppliers, who exactly takes the regulatory leap first? Nic suppliers deliver their diluted product to juice suppliers in a base that includes pg and vg. But that can be vaped by itself and already is by a portion of vapers.

Do juice manufacturers carry the burden of getting the nic supplier's product approved for vaping? What if a juice supplier simply wants to sell a nic supplier's product as is? It gets kinda muddy. Logically a nic supplier would be motivated to get approval first so the juice supplier starts off with an already approved product and go from there. It makes the nic supplier a very desirable source for product right?

I'm making my angry head hurt worse now...
 

jazon1

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I hope it does become an all out war. This all boils down to big tobacco getting their way by lining a few pockets in the right places.
I agree 100% this had nothing to do with protecting teens like they tried to claim and everything to do with making money, if they cared for these teens they spoke of how is basically trying to force them to switch back to cigarettes going to help them?

I will add that I will never buy a vape product from any of the tobacco companys and nether should any of you, you know damn well they themselves wrote most all of these 499 pages....
 

zoiDman

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But, but... The FDA can't make any laws. Only Congress. Am I wrong? And this administration is on its way out, anyway.

In the Purest Sense. The Only Authority the FDA has is that which Congress has given them thru Legislation.

No. The FDA can Not Make any Laws. But where the Abuse comes (IMO) is in the Way the FDA has Exercised the Authority that was given to them under the Laws that Congress has Passed.
 

Katya

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I've been waiting for this comment and sorry if it's been mentioned already as I didn't read all 27 pages here on ecf but I read it the same way.. After August 8,2016, no new products..

My head hurts..

hoog

(((hoog))) I can't imagine what you guys must be going through right now...
 

crxess

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If I hear one more Official Claiming an Infant already Died From Drinking E-liquid, someone is going to get an EAR FULL of not nice!!!!
This was a Tragedy and should NOT be used in a For the Children Campaign.
1) It was Nicotine BASE - you know, the stuff one DILUTES to make E-Liquids.
2) The Top was left OFF the Container
3) 2 Supposedly Mature Adults were in the same Room, and sadly did NOT engage in SAFE Supervision of the Child.

May as well been a Bottle of Colorful pills :glare:

Talk about Political ABUSE...........:facepalm:
 

Katya

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In the Purest Sense. The Only Authority the FDA has is that which Congress has given them thru Legislation.

No. The FDA can Not Make any Laws. But where the Abuse comes (IMO) is in the Way the FDA has Exercised the Authority that was given to them under the Laws that Congress has Passed.

Where I'm still murky is the legislative process. I know that Congress has given the FDA the authority. So they came up with the deeming regs. The regs were sent to the OMB/OIRA and then back to the FDA. Now what? Does Congress need to approve the final version one more time? Or the deeming regs become law automatically--unless Congress, POTUS, or the courts oppose them?
 
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eLicky

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I am very new to this hobby and understand the concerns for USA residents. :(

Please excuse me for not understanding. But if I live in Australia and simply import my nic liquid from China will this affect Australian residents?

I only started vaping a week ago and feel terrible for us all.
 

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