Deeming Regulations have been released!!!!

Robert Cromwell

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Yes but you are talking retail/selling of those products. My statement was aimed at individuals possessing/using the devices.
Ohh the possessing/using rules will come later....
Prolly first for the underage users. Then later for all.
 

Belushi

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As long as the product being imported is not a new product introduced after August 8,2016 or after 2 years as long as the producer of the product has FDA approval for that product.

Worried that e-cigs/liquid are now considered to be tobacco products and will immediately fall under interstate commerce laws (e.g. Can't buy cigarettes thru the mail). You can make them and sell them while your application is bring processed, but have to sell at a b&m. Are e-cigs exempt?
 

Robert Cromwell

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Worried that e-cigs/liquid are now considered to be tobacco products and will immediately fall under interstate commerce laws (e.g. Can't buy cigarettes thru the mail). You can make them and sell them while your application is bring processed, but have to sell at a b&m. Are e-cigs exempt?
HMM good point. Maybe?
 
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nicnik

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Yes, Millions and millions of Adults are DainBramaged.....but only the ones that Smoked :facepalm:
Following ANTZ' disregard of the experts, namely toxicologists, and turning "the dose makes the poison" into DANGEROUS TRACE AMOUNTS DETECTED!!!!, everybody who was exposed to 2nd hand and 3rd hand nicotine before the age of 25, is likely brain damaged.
 
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buffaloguy

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As long as the product being imported is not a new product introduced after August 8,2016 or after 2 years as long as the producer of the product has FDA approval for that product.
Yes, but as I have said before, the onus to prove it was manufactured for sale before that date falls on the manufacturer. The FDA can, and most likely will, NOT let you sell it or import it until you can prove it to their satisfaction. Which likely means.... Never.
 

nicnik

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Here's something relevant from the SSRN:

January 1, 2015

Case Legal Studies Research Paper No. 2015-3

Abstract:
Electronic cigarettes pose competitive threats to the makers of traditional cigarettes and nicotine replacement therapies such as nicotine gum and patches. It is no surprise that these producers, and the governments that earn revenue from tobacco taxes, respond by seeking controls on the competition. Similarly, despite evidence that e-cigarettes may be beneficial in helping tobacco smokers quit, assorted public health researchers and groups have attacked e-cigarettes as a health danger. This episode allows application of the Bootlegger and Baptist theory of regulation. Diverse groups, not necessarily working together, and with different motives, share in a goal of limiting how e-cigarettes enter the market. Those who profit from the current tobacco market structure and some health advocates plead for politicians and regulators to restrict the new product.

Bootleggers, Baptists, and E-Cigarettes by Bruce Yandle, Roger E. Meiners, Jonathan H. Adler, Andrew P. Morriss :: SSRN

Bootleggers, Baptists, and E-Cigarettes by Bruce Yandle, Roger E. Meiners, Jonathan H. Adler, Andrew P. Morriss :: SSRN
Links you post before you have a certain number of posts (I think 5), will not post.
 

YoursTruli

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Is it 90 Days from Today? Or 90 After it goes to the Federal Registry with the Presidents Signature on it?

But Yes. Whenever the "90 Days" has started then Elapsed, then New (after the 90 days) Products can Not Be Sold until a PMTA has been Approved by the FDA.

At Least as I understand it.

no idea really, but it sounds like from when they announced the regulations.
12) 90 days starts the law, any products not for sale in the market will require a PMTA
 

nicnik

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So basically we do business with the cartels now, you pay our price or don't do business here ? so they have unlimited funding for agency appointed watchdogs over the industry in 24 - 36 months - 5 years, irregardless of the application fees ? where do they get the money for that ?
You don't see anything corrupt about this ?
A post 2 or 3 pages back, and another one somewhere, said the FDA doesn't charge fees, and the expenses are from preparing the application. I think that's correct.
 
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MsLoud

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the vaping community needs to really pull together,,,, and come up with a clear educational in your face slogan or something to create dialog with the general public and send a message to the FDA..........and even tho i hate bumper stickers.. especially on my bmw,, i will slap whatever we come up with on my car.
I Vape. I Vote.
 

salemgold

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Best to take gambles that have high potential for sucess and/or high payoff if successful.

Of course it is. In every situation. Better to wait until we hear from experts and/or reasoning on the matter to know for sure which may be the case in this situation.
 

YoursTruli

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Yes, but as I have said before, the onus to prove it was manufactured for sale before that date falls on the manufacturer. The FDA can, and most likely will, NOT let you sell it or import it until you can prove it to their satisfaction. Which likely means.... Never.

this is something I have been wondering about, if no new products can come into the US for sale after the 90 days how are retailers going to restock existing product, how will they be able to prove it was already on the market to the FDA, does this mean all shipments coming in will be stopped in customs again pending approval?
 
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salemgold

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Is it 90 Days from Today? Or 90 After it goes to the Federal Registry with the Presidents Signature on it?

But Yes. Whenever the "90 Days" has started then Elapsed, then New (after the 90 days) Products can Not Be Sold until a PMTA has been Approved by the FDA.

At Least as I understand it.

I have seen the date of August 8th too many times to think it would be anything different. It is my understanding that is when the 90 days ends.
 

The Ocelot

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I actually took a picture of what the ecig looked like way back in 2007-2009. The filter looks like a furnace filter, the e liquid (yes I still have it- Mocha) is made by MyVapor Store, and yes they look like a cigalike (NJoy). Unfortunately, I am unable to upload it.
I kept this paraphernalia for nostalgia. Little did I know what the future would bring- phenomenal technology, millions quitting combustibles, and finally an answer to our prayers to quit.
The FDA, BT, BP and Stanton Glantz are responsible for those who will not have the chance to explore this amazing technology. They will be added to the 400K that combustibles have already claimed. Shame on these greedy .......s.

It takes some poking around, but there are threads on the forum regarding older devices. This is just one I found: Looking for e-cigarettes that were marketed in early 2007 or before
 
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salemgold

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this is something I have been wondering about, if no new products can come into the US for sale after the 90 days how are retailers going to restock existing product, how will they be able to prove it was already on the market to the FDA, does this mean all shipments coming in will be stopped in customs again pending approval?

I think that it would be fairly easy to prove that existing items were offered for sale before the August 8 date. Internet sale pages if nothing else. Old invoices where products were sold, etc.
 

zoiDman

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no idea really, but it sounds like from when they announced the regulations.
12) 90 days starts the law, any products not for sale in the market will require a PMTA

Here's the Deal.

Is anything that the FDA has released Final and Statutory without the Presidents Signature? As I understand it... No, it Isn't.
Can the President Sign the FDA's Rule Set before Congress (Both Houses) has Approved it... No He/She Can't.

The Congress/President Approvals are the Checks and Balances. Else the FDA could just put out Anything they wanted to.

I could be Way Off Base with this. But I believe that the 90 Day Grace Period ends 90 Days after the FDA Rule set goes to the Federal Registry.

Take a look at the Last Box in Step 9 in this Flow Chart...

http://www.reginfo.gov/public/reginfo/Regmap/regmap.pdf

Once the FDA's Rule Set gets to that Box, then I believe that the 90 Days will Start.
 

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