Deeming Regulations have been released!!!!

Endor

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IIRC, Wizard Labs was already operational in other areas of nicotine sales before we as vapers ever started utilizing them. Over the years, their focus has changed somewhat, broadened really, but back in 2011 when they were first restructuring to better suit the growing DIY market, their website still mentioned their, at that time, largest customer. Check out their front page description courtesy of the wayback machine: Wizard Labs

Now compare that to their current description, which really hasn't changed all that much. They've never been solely about the vapor market.
I just thought.... would 100mg nicotine solution be truly be regulated under the deeming? In 2 years, would WL still be able to sell it? If so, what would the requirements be? PMTA only? I'm not aware whether the dots have been connected on this yet?
 

Lessifer

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It has been reported that Starbucks has much more caffeine than the "normal" coffee we used to drink, combined with much larger cup sizes.
That's because people don't understand that a single shot of espresso is roughly equivalent to a 6oz cup of regular coffee.
 

nicnik

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Already on their radar, at least for adding caffeine to drinks:

FDA to Investigate Added Caffeine

It has been reported that Starbucks has much more caffeine than the "normal" coffee we used to drink, combined with much larger cup sizes.

So, from the "give-an-inch-and-take-a-mile" file, circa 2019: FDA regulates Starbucks coffee due to high caffeine content and possible exposure to children, requires a Pre-Market Caffeine Application (PMCA) per coffee blend, per coffee size, to be filed with the FDA each time the coffee is brewed, to ensure compliance with caffeine restrictions. Coffee only available to those over 18 with ID (21 in California). Starbucks closes 1,892 stores, and must install full gas chromatography labs in each remaining store to comply. New York Times claims that this is "sensible regulation" designed to keep children away from deadly and addictive caffeine.
You forgot taxes, and harsher regs for decaf - medicinal product for caffein cessation.
 

StormFinch

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I just thought.... would 100mg nicotine solution be truly be regulated under the deeming? In 2 years, would WL still be able to sell it? If so, what would the requirements be? PMTA only? I'm not aware whether the dots have been connected on this yet?

Seems that's what everyone is wondering at this point. That's why we keep throwing this darn FDA medicine ball back and forth. ;)
 

salemgold

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I'm saying that according to his site, he was selling to Johnson & Johnson before us, making him not solely a vapor product wholesaler/distributor, like say MFS or Nude Nicotine would be. Now that you mention it though, I do remember him being on here. Makes me curious if J&J were truly purchasing from him.

Okay. Yeah, I don't think so ;)
 

zoiDman

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I just thought.... would 100mg nicotine solution be truly be regulated under the deeming? In 2 years, would WL still be able to sell it? If so, what would the requirements be? PMTA only? I'm not aware whether the dots have been connected on this yet?

I Posted this in a DIY Regs Thread....

I Hope one thing that people are Keeping in Mind is that what the FDA has recently released is considered "Foundational".

And this is By No Means the Only "Actions" that the FDA will/can take against e-Liquids.

I think People could be getting a False Sense of Security putting faith in Nothing will happen for the Next 90 Days + 2 Years thing.
 

Katya

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13177224_994930547243055_6164809389487579544_n.jpg
YESSSS!!!!!

Could we see the letter that prompted this response? I want to send it to my reps. Thanks!

ETA: Never mind... Still back reading... :facepalm:
 

Robino1

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I Posted this in a DIY Regs Thread....



I think People could be getting a False Sense of Security putting faith in Nothing will happen for the Next 90 Days + 2 Years thing.
To take that further, Zeller was noted as saying that until ecigs were under their control, they can't do anything about the liquids. After it is deemed, then they will discuss what to do then.

Be afraid, be very afraid.
 

mgmrick

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I am not for a ban on anything. With that said a petition with as many signatures as we have had on pro vaping a petition for a total ban on cigarettes would have the same effect on the fda...... NOTHING.....

That tells you everything you need to know about the fda.
 

The Ocelot

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Sorry, long post:

I'm sending an email to my legislators everyday. Here is today's message, it's a mixture of the message sent by @mikepetro and info from Dr. Siegel. Feel free to use any of it you like.

I am a 57-year-old middle class constituent, who has voted in every election since I was 18. I am also an ex-smoker. Almost 4 years ago I quit a 40-year smoking habit by using electronic cigarettes.

I strongly urge you to support the amended Agriculture Appropriations Bill for 2017 and to co-sponsor the FDA Deeming Authority Clarification Act of 2015 (H.R. 2058) that would amend the Food, Drug, and Cosmetics Act to change the predicate date for newly deemed tobacco products to the date when the deeming regulation is finalized.

A predicate date of February 15, 2007 doesn’t benefit public health, it benefits Big Tobacco companies, as the tobacco cigarettes on the market today are “Substantially Equivalent” to those sold in 2007 and will be “grandfathered” in. The e-cigarettes and e-liquids currently on the market are not Substantially Equivalent to what was available in 2007. Accordingly, every product is considered new and will require a pre-market tobacco application (PMTA).

E-cigarette products are being held to a much higher standard than tobacco cigarettes. Manufacturers of e-cigarettes and related products must, among other things: quantify the likelihood that nonsmokers will start using the product; the likelihood that former smokers will relapse back to nicotine use by using the product; the likelihood that nonsmokers who do start using the product will progress to cigarette smoking; the likelihood that former smokers who relapse back to nicotine use will then progress to smoking; the likelihood that consumers will use the product in conjunction with other tobacco products; and the likelihood that smokers who start using the product would otherwise have quit smoking.

The FDA requires a separate PMTA for every product. Thus, if an e-cigarette manufacturer produces four types of starter kits, four types of cartomizers, five types of mods, and 40 e-liquid flavors, each coming in three nicotine strengths, then that manufacturer will have to submit 133 PMTAs! This is a conservative estimate, as there are many companies that sell more than 100 flavors of e-liquids. These companies are being required to submit approximately 300 different product applications.

To submit a PMTA will require a huge research undertaking lasting several years and costing millions of dollars. I don't even think that existing NIH research - in its totality – would be able to provide all of the necessary data by the regulations deadline. Small businesses will not be able to comply.

And even if a company came up with the funds to submit a PMTA, there is no guarantee it will be approved. As Mitch Zeller, director of the FDA's Center for Tobacco Products, told U.S. News, it's impossible to say if any e-cigarette product will be approved.

A 2007 predicate date does nothing to serve the public; it does the opposite. By making legal tobacco harm reduction products unobtainable, vapers like myself will be forced to buy from the black market or go back to smoking cigarettes.

Please support the amended Agriculture Appropriations Bill for 2017 and to co-sponsor the FDA Deeming Authority Clarification Act of 2015 (H.R. 2058) and allow me the legal means to stay off of tobacco.

I vote, and I will support politicians who support my right to harm reduction, even if it means I will have to vote Republican for the first time in 39 years.

Sincerely,
 
Last edited:

Robino1

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Sorry, long post:

I'm sending an email to my legislators everyday. Here is today's message, it a mixture of the message sent by @mikepetro and info from Dr. Siegel. Feel free to use any of it you like.

I am a 57-year-old middle class constituent, who has voted in every election since I was 18. I am also an ex-smoker. Almost 4 years ago I quit a 40-year smoking habit by using electronic cigarettes.

I strongly urge you to support the amendment to the Agriculture Appropriations Bill for 2017 and to co-sponsor the FDA Deeming Authority Clarification Act of 2015 (H.R. 2058) that would amend the Food, Drug, and Cosmetics Act to change the predicate date for newly deemed tobacco products to the date when the deeming regulation is finalized.

A predicate date of February 15, 2007 doesn’t benefit public health, it benefits Big Tobacco companies, as the tobacco cigarettes on the market today are “Substantially Equivalent” to those sold in 2007 and will be “grandfathered” in. The e-cigarettes and e-liquids currently on the market are not Substantially Equivalent to what was available in 2007. Accordingly, every product is considered new and will require a pre-market tobacco application (PMTA) .

E-cigarette products are being held to a much higher standard than tobacco cigarettes. Manufacturers of e-cigarettes and related products must, among other things, quantify the likelihood that nonsmokers will start using the product, the likelihood that former smokers will relapse back to nicotine use by using the product, the likelihood that nonsmokers who do start using the product will progress to cigarette smoking, the likelihood that former smokers who relapse back to nicotine use will then progress to smoking, the likelihood that consumers will use the product in conjunction with other tobacco products, and the likelihood that smokers who start using the product would otherwise have quit smoking.

The FDA requires a separate PMTA for every product. Thus, if an e-cigarette manufacturer produces four types of starter kits, four types of cartomizers, five types of mods, and 40 e-liquid flavors, each coming in three nicotine strengths, then that manufacturer will have to submit 133 PMTAs! This is a conservative estimate, as there are many companies that sell more than 100 flavors of e-liquids. These companies are being required to submit approximately 300 different product applications.

To submit a PMTA will require a huge research undertaking lasting several years and costing millions of dollars. I don't even think that existing NIH research - in its totality – would be able to provide all of the necessary data. Small businesses will not be able to comply.

And even if a company came up with the funds to submit a PMTA, there is no guarantee it will be approved. As Mitch Zeller, director of the FDA's Center for Tobacco Products, told U.S. News, it's impossible to say if any e-cigarette product will be approved.

A 2007 predicate date does nothing to serve the public; it does the opposite. By making legal tobacco harm reduction products unobtainable, vapers like myself will be forced to buy from the black market or go back to smoking cigarettes.

Please support the amendment to the Agriculture Appropriations Bill for 2017 and to co-sponsor the FDA Deeming Authority Clarification Act of 2015 (H.R. 2058) and allow me the legal means to stay off of tobacco.

I vote, and I will support politicians who support my right to "harm reduction,” even if it means I will have to vote Republican for the first time in 39 years.
This is absolutely stunningly beautiful. I may just have to steal this.

Kudos!
 

The Ocelot

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To my knowledge BT never deliberately altered their product in any way to make
it more addictive. Regardless of what they knew or more importantly what there opponents
accused them of knowing at any given time any alterations were due to controlling the
quality and consistency and accuracy of the product and reporting to the government of the amount
of nicotine in the tobacco,voluntarily making recommended changes that government agencies
were recommending to be changes in the law and,requirements to enter new products onto the
market.
If the net result of all this was that tobacco did become more addictive it was not done so
deliberately and most likely even if it was would not have the intended result. Those that develop
a dependency to smoking usually ramp up their use to maintain the dependency fairly quickly
whether it be 5 cigarettes,10 cigarettes even a pack a day and maintain this intake for a life
time more or less. Some do not of course but they are in a minority. Though there is a
tendency to increase usage over time but it is not a linear progression in most cases.
Half a pack in the twenties, a pack a day in the thirties then, maybe a pack and a half or to
by the forties and fifties after which increased use levels off although may not cease in
some cases. Most of the increases are due more to environmental factors such as advancing
in your career and winding up at a desk with a lot of free time and of course being under
employed or unemployed, (there is more smoking in lower economic groups) stress
and other things.

What people do not understand about nicotine dependency is once you do become
dependent, maintaining nicotine is not about getting a buzz because you are no longer
getting a buzz and getting a buzz has long been dropped as for your reason to smoke.
You remain smoking so as not to experience the withdrawal symptoms. This seems
to be a unique factor about smoking dependency. The body adjusts pretty quickly
to find its level to keep from going into withdrawals not crave every increasing amounts
to get that buzz. The buzz becomes a non factor.
Regards and sorry for getting carried away,
Mike

"What people do not understand about nicotine dependency is once you do become
dependent, maintaining nicotine is not about getting a buzz because you are no longer
getting a buzz and getting a buzz has long been dropped as for your reason to smoke.
You remain smoking so as not to experience the withdrawal symptoms."

Sounds like h.
 
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The Ocelot

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Ok, here's me getting back on topic.

I say we fight these regs any way we can. I don't know the best way, or all the ways, but if someone suggests something and it sounds plausible to you, support it. Yes, we need to work together, but just because someone is in charge of something, it doesn't mean they always know what's best, so support whatever you want to support. If you're a consumer, support your vendors that seem to be fighting back. Keep up with the advocacy groups.

I have questions, and I haven't seen a satisfactory answer yet. How will nic base be affected? People keep saying it has other uses, but I've never seen it sold/advertised anywhere except for vape sites. Is it a raw material? Does it become a tobacco product if it's sold directly to consumers? Will nude nicotine(as an example) have to do a PMTA(s) for their base products? What's the likelihood of 100mg/ml nic getting approved?

I don't see e-cigs mentioned on this site, although I may not have looked hard enough: USA Liquid Nicotine
 

WillyZee

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I just thought.... would 100mg nicotine solution be truly be regulated under the deeming? In 2 years, would WL still be able to sell it? If so, what would the requirements be? PMTA only? I'm not aware whether the dots have been connected on this yet?

I may be wrong ... however, once they submit their PMTA along with fees ... if they get approved, they will now be able to sell to manufacturers who have also paid into and passed the PMTA process.

I am guessing their customer base is going to shrink by @ 99%
 

Katya

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OK super smart ECF peeps. I just received this from my State Rep. I was curious where he stood on this. Here is the response. I need to know if this means ANYTHING. LOL
Rep. Steube supports parity in current law. As you may know, last week, the Federal Food and Drug Administration issued new rules and they can be found below.

If that's all he said, it means nothing. Weasel speak.
 

Endor

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To take that further, Zeller was noted as saying that until ecigs were under their control, they can't do anything about the liquids. After it is deemed, then they will discuss what to do then.

Be afraid, be very afraid.
Indeed, Robino and Zoidman... something that hasn't been heavily discussed.

I fully believe a flavor ban will be first on the agenda, with the exception of tobacco and menthol. Flavors are already banned in all tobacco products under FDA regulatory control, I see no reason why they wouldn't extend this to e-cigarettes and newly deemed cigars/cigarillos (bye bye, Swisher Sweets).

Some time ago the FDA banned clove cigarettes (which, frankly, got me smoking as a teenager in the mid 1980s when they became popular... and to this day LOVE the smell). However, they are still available, as I occasionally (gleefully!) smell people smoking them. So obviously the FDA hasn't been able to completely abolish them.
 
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wiredlove

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Indeed, Robino and Zoidman... something that hasn't been heavily discussed.

I fully believe a flavor ban will be first on the agenda, with the exception of tobacco and menthol. Flavors are already banned in all tobacco products under FDA regulatory control, I see no reason why they wouldn't extend this to e-cigarettes and newly deemed cigars/cigarillos (bye bye, Swisher Sweets).

Some time ago the FDA banned clove cigarettes (which, frankly, got me smoking as a teenager in the mid 1980s when they became popular... and to this day LOVE the smell). However, they are still available, as I occasionally (gleefully!) smell people smoking them. So obviously the FDA hasn't been able to completely abolish them.

They were re-formulated as mini cigars. Cigarellos.
 
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