Deeming Regulations have been released!!!!

Katya

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Lol... actually that was a Janty flavor developed in the Netherlands. Ruyan #4 is a different eliquid. The actual eliquids I'm talking about were in the Ruyan e-cigars (although in some of their early ecigs as well) and that flavor is still the same flavor now.

Oh, stop it. I like the story about the missing Chinese chemist. :D

In the Netherlands? Mik Janty is Danish, isn't he? :confused:
 
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Robert Cromwell

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The people that actually think that applying will get them somewhere. At 300k+ per application..... funds a lot of leg workers.

Remember, they don't give the money back to the applicants if they fail.
If things do not change in a couple of years we will have cigalikes maybe 2 brands with prefilled cartos in 2 flavors. Tobacco and menthol tobacco.
All owned and sold by tobacco companies.

Me? I will DIY. And use mechs once my regulated mods give out to the point I cannot repair them.
Have enough tank parts on the way to keep my STM's running for a couple of decades... Spares for my TFV4's, etc...
 

kross8

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I don't know if your eliquid will work the same as mine.
I only vape one flavor from one vendor. So I know what that is supposed to taste like at all times.

I buy my liquids every other month or so. 5 - 100ml bottles. For an experiment, I ordered an extra 30ml bottle just to throw in the freezer. After a year and a few weeks, I pulled that bottle out of the freezer and treated it like I had just bought it fresh. Took the cap off for 24 hours or so then capped it back up to start the aging process.

There was no noticeable difference in taste from one that was not treated to the freezer test. The color was the same as it was when I first put it in the freezer. When both started the aging process, darkening slightly as it usually does, they were identical.

The only thing you can do is try it with yours. As soon as you get it, don't open it, just put it in the freezer and see what it tastes like after 6 months. You already know just having it on the shelf for that long isn't good to you.

Worth the try :)
i am thinking ,, use a vacuum sealer,, bag up what you think you need for a month for each bag. i think the nic would last indefinitely.
 
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Steamix

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Hmmm... if I boil me some nice potatoes, or slice up some tomatoes for a salad - and offer them to my dinner guests, do they need to stop breathing ? Lest I bacome a criminal for allowing them to inhale nicotine-laden vapors?

Imagine : 500.000 vapers standing in front of the FDA HQ, selling a bottle of liquid to each other. Right under their noses. Civil disobedience on a gargantuan scale. Gonna jail 'em all ?
 

kross8

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Might work if they change the name to flavor drops or some such and remove the vaping related name from their company.
If the FDA determines it is intended for vaping they will stop it.
well given the intelligence of the FDA,, i think you and i will both be 6ft under by the time they figure it out........all we have to do is throw them some distraction bones,, like how bad soda pop is for kids,, and promote the idea to go after Coke and Pepsi instead.
 
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skoony

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I respectfully disagree with this statement. Their SALE is regulated, not their USE. There are certain uses that are indeed illegal, but that is a separate matter from the regulations on sales.
Their sale is regulated because their use is regulated.

Mike, the FDA is going to have it Hands Full trying to maintain some assemblance of order with Black Market Nicotine. And people Skirting e-Liquid Sales. Let alone Attempting to try and track down Every Spool of Wire being sold in America and then making a Case for Intended Use.
If the deeming regs are not modifeid the FDA will not need extra manpower to police anything.
5 years down the road after the states initiate taxation part of this process will require them
to define what they are taxing which would be at minimum an exact definition of what the
Federal definition is. The result of this is the states would be doing the policing instead of the Feds.


Sorry @skoony , I don't agree at all. The FDA I'm sure is talking about Ego style batteries, regulated or not. Regulated like the twisters with voltage settings (as poor as they were). They are not talking about "loosies" 18650s that vaping is a minority use for. But agreed the FDA worded that really poorly and that's the kind of language in the regs that a seasoned legal team can exploit. So I am glad they worded it like that. All it will take is a couple of poorly worded provisions of the regs to allow an easier fight for an injunction while the regs are reworked by the FDA to narrow the legal focus. Delays like an injunction are one of the primary weapons of a seasoned legal team and only serve as an advantage for us since the FDA has clearly structured the regs for next to no response time for clarification and allows very little time for businesses to respond and restructure business objectives resulting in a significant loss of employment in the US. The last jobs report (this week) was pretty dismal and led to amending the last 2 job reports to be re-evaluated and lowered. This does carry weight with the government, especially in an election year.
IMHO I believe it wise to assume the worst case interpretation of what battery is or is not
covered under the regs. Hope fro the best of course.
Mike, what your failing to realize is that the agency is setting themselves up for un-realistic ability to support all the task at hand within the current staff on hand, whats that going to look like in legislator explaining how their going to budget the man / women power to analyze / inspect / sales / marketing / labeling / data entry and keep up with logistics of just battery's, let alone adding in the other 5 components with the same needs everyday within their current budget, who's going to pay for all of that ?
See my above response to the Zoidman.
:2c:
Regards
Mike
 
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BreSha6869

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Re: juice...many people often forget that city and state (Provincial for me) can tax, regulate, etc. as well.

The FDA mess is bad, but if your State or City govt decides to ban internet sales and slap a $1/ml tax on all eJuice, that is a whole new level of problems for vapers.

My Province is likely about to lower the boom with legislation that will make the outside of all vape shops look like porn shops (frosted/dark Windows), no tasting bars, showing a buyer how to safely use a mod will be prohibited, pretty labels - gone and likely a nice juicy eJuice tax.

I still love and buy liquids like Boss Reserve, Unicorn Milk and a few others, but they are very expensive now and I will not be buying these if taxation pushes these to $30-50 per 30ml. My DIY is just as good as most $15-20 juices and costs under $2/30ml for me to make. The bottle is the most expensive part...

I enjoy making my own juice and having nic in the freezer futureproofs me for many years.
 
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The Ocelot

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That is because either it is your companies policies that adhere to it and would be fined if violated, but not arrested.
If a gov agency then yes, you will get fired but not jailed, they are required to state what can be done if violated ie..under penalty of....... and they are the enforcers.
I have not seen or heard of anyone saying that these devices are illegal for use. The FDA is not a police enforcing agency.

eta: you just made my point.

I didn't think they were, I was under the impression that ATF enforced non-compliance, but I'm not so sure now.

"We have a very effective office of compliance and enforcement that will be monitoring and conducting surveillance to detect any kind of illegal activity in the marketplace," he says. "I have no idea what the likelihood is for a black market, but if that happens we'll find it and those products, if they haven't received marketing authorization from FDA, would be in violation of the law." - Mitch Zeller, director of the FDA's Center for Tobacco Products FDA

Criminal Investigations

OCI protects the public health and furthers the FDA mission by investigating suspected criminal violations of the Federal Food, Drug, and Cosmetic Act (FDCA) and other related laws.

OCI has the primary responsibility for criminal investigations conducted by the FDA and for all law enforcement and intelligence issues pertaining to threats against FDA-regulated products. OCI concentrates its resources on investigations of significant criminal violations that pose a danger to the public health.

 

rothenbj

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I'm not sure I understand the sudden rush for many to take up DIY. As I understand it, our favorite liquids will be available for 2 more years assuming there are no laws or injunctions that extend this even longer. What am I missing here?

If I understand it correctly, the two years only exist if the paperwork and money required are given to the FDA in the next 90 days. I haven't attempted to read the regs., but that is what it looks like from the posts I've read.

If that is true, guess whose product will be available in Sept.?
 
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zoiDman

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Their sale is regulated because their use is regulated.


If the deeming regs are not modifeid the FDA will not need extra manpower to police anything.
5 years down the road after the states initiate taxation part of this process will require them
to define what they are taxing which would be at minimum an exact definition of what the
Federal definition is. The result of this is the states would be doing the policing instead of the Feds.



IMHO I believe it wise to assume the worst case interpretation of what battery is or is not
covered under the regs. Hope fro the best of course.

See my above response to the Zoidman.
:2c:
Regards
Mike

All I have to say is I would Love to See your bunker that I am sure is Packed to the Rafters with soon to be Regulated Items.

;)
 

Alexander Mundy

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I have no doubt they will mean business. There is a vendor here that a couple of years ago said he was raided by no nonsense federal agents with guns drawn. What initially was divulged of it sounded Orwellian. He abruptly quit talking about it. He is still in business so I assume his lawyer took care of it and for legal reasons or federal pressure was told not to speak of it again. I'm sure some of you know whom I'm talking about and most likely more of the story than I do.
 

skoony

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If I understand it correctly, the two years only exist if the paperwork and money required are given to the FDA in the next 90 days. I haven't attempted to read the regs., but that is what it looks like from the posts I've read.

If that is true, guess whose product will be available in Sept.?
The 90 day period is for the portions concerning access of minors to
newly deemed tobacco products and to have your product on the market.
One would then have 2 years to to file the appropriate paper work with
the FDA for their approval. Any monies are not going to the FDA. Money
will be required to prepare your paper work and any scientific studies
required to go along with your paperwork.
Regards
Mike
 

The Ocelot

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They covered everything they could think of and left it open to add more.

"...for purposes of this final rule, FDA is using the terms 'component' and 'part' interchangeably and without emphasizing the distinction between the terms. FDA may clarify the distinctions between ‘component’ and ‘part’ in the future.

"Specifically, 'Component or Part' means 'any software or assembly of materials intended or reasonably expected: 1) to alter or affect the tobacco product’s performance, composition, constituents or characteristics; or 2) to be used with or for the human consumption of a tobacco product.'"

"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."
 

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