Deeming Regulations have been released!!!!

[halonut]

OK, I need your help. I finally bit the bullet - up until now I wasn't sure what to say and how to present it - & posted the following notice at the website (I've removed references to the website since I'm not here for any publicity). Good/bad? Suggestions welcome:

****************************************

FDA Deeming Regulations ​

In May of 2016 the Food & Drug Administration (FDA) released regulations that now "deem" electronic cigarettes as tobacco products. This includes all components, e-liquids (including those that contain no nicotine or tobacco/tobacco flavorings) & any associated accessories.

The full FDA document can be viewed here:FDA Deeming Regulations of May 2016

The effect of these regulations on manufacturers & sellers, and therefore the end consumers, of these products (both physical stores & online) is concisely summarized in this document released by Smoke-Free Alternative Trade Association (SFATA): FDA Deeming Regulations Analysis

XXXX is not opposed to rational regulations that are for the protection of consumers & particularly those aimed at keeping these products from being distributed to minors (we have been an active proponent of & have enforced age verification since our inception in 2009).

However we do not believe that the primary purpose of these regulations is either of these and the regulations as drafted represent an over reach of authority by the FDA.

We have no desire to tell you what to do, think or say. If you believe that these regulations are justified and in the best interest of a free society then perhaps doing nothing is the best course of action.

However, if you disagree with these regulations in whole or part then now is the time to voice your opinion.

We believe the Consumer Advocates for Smoke-free Alternatives Association (CASAA) is the most effective & unified front opposing the FDA regulations. The CASAA website is an excellent source of information on how each individual can effectively make a difference and provides links and assistance in doing so. There is no charge or fees for any of the information, membership is optional & also free.

Thank You!

XXXX

 

[SeniorBoy]

Hal

Use this link etc for the final rule which was published in the Federal Registry on 5-10-16

May 10, 2016 – Final Rule

Your letter has the "tease" aka pre thing. Designed to give us plenty of warning to stock up on combustibles. /joke breaks tension.

 

[nicnik]

Thanks sparkky1.... I think it's worth citing this since there are a few more names to add to the "usual suspects" that hate vaping:

The list of Senators also signing the letter include: Senators Richard Blumenthal (D-CT), Barbara Boxer (D-CA), Sherrod Brown (D-OH), Richard J. Durbin (D-IL), Dianne Feinstein (D-CA), Al Franken (D-MN), Kirsten Gillibrand (D-NY), Patrick Leahy (D-VT), Edward J. Markey (D-MA), Jeff Merkley (D-OR), Jack Reed (D-RI), Brian Schatz (D-HI), Charles Schumer (D-NY), Tom Udall (D-NM), Elizabeth Warren (D-MA), and Sheldon Whitehouse (D-RI).

"Dear Secretary Burwell and Commissioner Califf,

We commend the Food and Drug Administration (FDA) for finalizing the deeming rule that extends FDA regulatory authority to include all tobacco products, including e-cigarettes, cigars, and pipe tobacco, to protect the public’s health—and especially the health of the youngest Americans—from the harmful effects of tobacco. The deeming rule is a much-needed step to give the FDA crucial tools to prevent manufacturers and retailers of currently unregulated tobacco products from targeting our children and teens, and we urge your agencies to remain diligent in working quickly to further limit the effect and reach of these products on our nation’s youth. "

Re: underlined - it will force those experimenting teens to the harmful effects of tobacco, rather than the harmless benefits of vaping

When interests overlap for Durbin, lobbyist wife

Lung association grant

In the early 2000s, while Loretta Durbin was a lobbyist for the American Lung Association of Illinois, Sen. Durbin pushed for a $150,000 federal grant for the group's Springfield-based tobacco quit line, which helped veterans give up smoking.

Kathy Drea, a spokeswoman for the group — now the American Lung Association of the Upper Midwest — told the Tribune in an email that Loretta Durbin was not involved when the group "directly asked Sen. Durbin for one-time funding to help veterans (30 percent smoking prevalence) with smoking cessation."

<snip>

The senator said that while he knew earmarking the money could raise questions about his wife's role as a lobbyist for the group, he deemed the quit line a worthy enough cause.

"I believe that I knew that Loretta was securing state funds for this," Durbin said. "She did not ask me for any funds. …I said, some day, 10 years from now, two reporters from the Tribune may ask me, you know, 'How did you, how could you explain this where you are helping one of your wife's clients?' And I'm just going to go out and do it because I think it's the right thing to do for these veterans and because if anybody asked, I've got a hell of a long record when it comes to tobacco."

The quit line funding did draw some attention from the press. Nearly a decade later, in 2009, his office chose not to publicly announce a grant from the Environmental Protection Agency to the lung association's Midwest chapter, even as he touted two other EPA grants awarded through the same program on the same day to Illinois entities.

On July 21, 2009, Sen. Durbin's office put out a release announcing a $1 million EPA grant to the city of Chicago for projects to cut emissions and fuel usage, as well as $4.2 million to the Illinois EPA for clean diesel projects. Not mentioned was a $3.7 million EPA grant to a Loretta Durbin client, the American Lung Association of the Upper Midwest. Records show the lung association funding was obligated on the same date that Durbin publicized the two similar grants.

"I don't know anything about that," Durbin said. "I can't tell you why they weren't — I did not make a conscious effort to exclude announcing anything in that regard. And there's no reason I would."

 

[halonut]

Hal

Use this link etc for the final rule which was published in the Federal Registry on 5-10-16

May 10, 2016 – Final Rule

https://www.gpo.gov/fdsys/pkg/FR-2016-05-10/pdf/2016-10685.pdf

Thanks for the suggestion! that is a better link & has replaced the old one.

 

[Kent C]

When interests overlap for Durbin, lobbyist wife

Wow!

 

[Pictor]

I'll be a very happy guy (and will have very happy vaping friends who DIY), if that $350 was "wasted."

Never wasted - we get nothing back from insurance, yet when it works it often protects us, but you can always use your insurance!

Watch out! FDA may deem you to be a distributor! That was a great investment for the future, though. They may turn into solid gold one day when the market only sells eGo and various pen style vaporizers. Dark alleys may one day be full of shady characters wanting to unload their vaping wares for a profit.

Just kidding! I hope we squash the FDA's master plan.

....many a true word spoken in jest

I've told my story in comments to legislators and I wrote a testimonial for CASAA to use. I was never able to quit smoking for good until ecigs. Haven't had a smoke in 5 years and the year before that ecigs took me down from over 2 PAD down to 6 cigs a day. I finally decide that smoking while vaping was pointless and when I quit it was a piece of cake. I had no desire to smoke anymore. It was magic!

I thought it magic too - smoked for 45 years, up to 36 per day the final two years, yet in two weeks I stopped, and hadn't even intended to ....just meant to try and cut down, or have something for when I couldn't smoke! Yes, magic

 

[nicnik]

OK, I need your help. I finally bit the bullet - up until now I wasn't sure what to say and how to present it - & posted the following notice at the website (I've removed references to the website since I'm not here for any publicity). Good/bad? Suggestions welcome:

****************************************

FDA Deeming Regulations ​

In May of 2016 the Food & Drug Administration (FDA) released regulations that now "deem" electronic cigarettes as tobacco products. This includes all components, e-liquids (including those that contain no nicotine or tobacco/tobacco flavorings) & any associated accessories.

The full FDA document can be viewed here:FDA Deeming Regulations of May 2016

The effect of these regulations on manufacturers & sellers, and therefore the end consumers, of these products (both physical stores & online) is concisely summarized in this document released by Smoke-Free Alternative Trade Association (SFATA): FDA Deeming Regulations Analysis

XXXX is not opposed to rational regulations that are for the protection of consumers & particularly those aimed at keeping these products from being distributed to minors (we have been an active proponent of & have enforced age verification since our inception in 2009).

However we do not believe that the primary purpose of these regulations is either of these and the regulations as drafted represent an over reach of authority by the FDA.

We have no desire to tell you what to do, think or say. If you believe that these regulations are justified and in the best interest of a free society then perhaps doing nothing is the best course of action.

However, if you disagree with these regulations in whole or part then now is the time to voice your opinion.

We believe the Consumer Advocates for Smoke-free Alternatives Association (CASAA) is the most effective & unified front opposing the FDA regulations. The CASAA website is an excellent source of information on how each individual can effectively make a difference and provides links and assistance in doing so. There is no charge or fees for any of the information, membership is optional & also free.

Thank You!

XXXX

Nice. But are you sure accessories are included? I thought not.

 

[buffaloguy]

Murderers

This in one word is how harsh every org and vaping advocate should begin their discussions with the general public.

"The FDA is murdering, literally signing death certificates, for millions of American mothers, fathers, grandparents, and children."
-- Me

If they want to invoke children, we should too. How is the FDA protecting children when they are allowing their family to be murdered from tobacco? Ecigarettes save more than money on healthcare, they save lives.

Everyone needs to start calling the FDA murderers. That is the rallying cry. Period.

Im glad to see people finally understand my points here. Hopefully CASAA and the others will see the light. Somehow though I doubt it. Seems as if they are overthinking their "response" and still want to be reactive, thus far.

 

[halonut]

Nice. But are you sure accessories are included? I thought not.

I think they are as long as they are in any way or can be connected in any way to vaping...correct me if i'm wrong please.

 

[nicnik]

just meant to try and cut down, or have something for when I couldn't smoke! Yes, magic

And the FDA, CDC and all the ANTZ organizations so "alarmed" by dual use, claiming it as evidence that vaping doesn't work for smoking cessation.

They're not idiots. They're just not made up of the same stuff that good people are.

 

[nicnik]

This in one word is how harsh every org and vaping advocate should begin their discussions with the general public.

You need two or three words, actually. "Premeditated Murder" or "First Degree Murder".

But "murder" and murderers, are nice and concise.

Or "MURDERERS!!"

 

[nineironman]

Interesting, this is the response I received from Ms Murray

Senator@murray.senate.gov
Fri 6:55 AM


Dear Ms.


Thank you for contacting me regarding H.R. 2058, FDA Deeming Authority Clarification Act of 2015, which is currently pending in the United States House of Representatives. I appreciate knowing your views on this matter.


In the Senate, this legislation would fall under the jurisdiction of the Energy and Natural Resources Committee. While I am not a member of that Committee, I want to assure you that I will be following the progress of this bill and will keep your views in mind if this or related legislation comes before the full Senate for consideration.


If you would like to know more about my work in the Senate, please feel free to sign up for my weekly updates athttp://murray.senate.gov/updates.Again, thank you for taking the time to share your thoughts with me.


Sincerely,
Patty Murray
United States Senator

I recieved the same canned responce. "Go away and let me take away your gear, you nasty vaper you"

 

[nicnik]

I think they are as long as they are in any way or can be connected in any way to vaping...correct me if i'm wrong please.

I think you should get another opinion. I'm pretty sure I'm right, but won't swear to it.

 

[DC2]

"The FDA is murdering, literally signing death certificates, for millions of American mothers, fathers, grandparents, and children."

Everyone needs to start calling the FDA murderers. That is the rallying cry. Period.

Some will shrink away from such tactics.

On the other hand...
greatest myths we heard about e cigs.

 

[zoiDman]

And the FDA, CDC and all the ANTZ organizations so "alarmed" by dual use, claiming it as evidence that vaping doesn't work for smoking cessation.

They're not idiots. They're just not made up of the same stuff that good people are.

Before e-Cigarettes came along, I thought the FDA and the CDC viewed ANY Reduction to the amount of Cigarettes that a Smoker Smoked as Harm Reduction?

Funny How they seemed to have Changed their Thinking.

BTW - Having only One Category of "Dual Users" doesn't take into account those who are using e-Cigarettes to Transition Off Combustible Tobacco.

Something that should be Mentioned EVERY time the Nay-Sayers bring up the Dual User thing. That and the Harm Reduction concept.

 

[WillyZee]

One of my goals is to have one of my kid unpack some of it from the freezer (it's all marked "POISON"), just about the time they're packing me INTO one. They ALL vape, so I guess I should allocate it out in my will, eh?

It is better to have and not need, than to need and not have.

Tell em to Duct tape the lid on that freezer ... they don't want the lid popping open when they're trying to move ya

 

[nicnik]

Wow!

I accidentally left out the part at the end, that said where the money actually ended up going. It was supposed to go to the quit line to help veterans with their 30% smoking rate. But instead:

The money was awarded to the Springfield-based lung association to retrofit engine fleets in Illinois, Wisconsin and Indiana, but most of the funds were spent on fleets in Indiana, records show.

Wanna up that "Wow!" to "Wower!"?

EDIT: I think I was mistaken with this follow-up to the first post. The article seems to have been discussing two different grants to the Lung Association.

My confusion may have been from the way the article was written. In fact, the Tribune hasn't been much of a Durbin fan over the years, so, maybe it wasn't entirely unintentionally a bit confusing.

 

[Lessifer]

I think they are as long as they are in any way or can be connected in any way to vaping...correct me if i'm wrong please.

I believe components are, accessories are not. The only example of an e-cig accessory that the FDA provided was a lanyard. Coils, cotton, batteries, those are all components when reasonably assumed to be used with a vapor product. Tweezers are probably accessories, as are screw drivers.

 

[DC2]

Term Limits.

No career politicians.
That's how we start to fix this.

 

[StormFinch]

I hope they're reverse engineering the taste of Apple Jacks. Might make Jman very happy if they export it back to us for vaping..

There are several different brands doing Jacks, none of them suit his fancy?