I was ruminating over a lot of the language used in the deeming regs.
Specifically " to be used or reasonably be expected to be used in a finished
tobacco product" and why this makes virtually every component or
substance a tobacco product and thus falls under the FDA's deeming regs.
Basically as if they were no different than your basic Marlboro or Winston.
So far so good. It is legal under Federal law for me to grow as much tobacco
for personal use as I want. I can even sell the leaf with no restrictions as long
as I don't remove the center rib. (state laws may vary) IMHO this also implies
I can make my own filters and papers to make my own cigarettes. With a little
googling one should be able to source materials to suite this need or simply substitute
ready made items from a B&M tobacco store. So there you have it. A little at
home gardening and one needs not ever buy a single cigarette ever again.
So where is the path for e-cigarettes? If we are in fact using tobacco products
now where and what are the tobacco seeds of our hobby? If cigarettes,cigars,chew and
pipe tobaccos have a legal non-taxed or regulated path for personal use, where is
our legal non-taxed or,regulated path for personal use. If there were seeds one
could plant and harvest PG/VG and nicotine we would be in like Flint.
This lack of clarification under the Deeming regs may be the Achilles heel.
The FDA states there basis for regulating e-cigarettes is the FSPTCA.
If this is the case why are they not treating e-cigarettes the same as
cigarettes. Pre-made and assembled finished tobacco products made for
sale to the general public. Where is the distinction between raw materials
(the seed for the tobacco plant) and the raw materials we need to make
juice? If the FDA wants to regulate, fine. They can't regulate tobacco seeds.
They can't regulate the ingredients use to make juice nor the hardware.
Only a finished tobacco product made for sale to the general pubic.
This would mean cigalikes and pre-filled carto's. One can legally advertise
and sell tobacco seeds as what they are,tobacco seeds. What would be the
legal equivalent of our tobacco seed?(some assembly may be required)

Regards
Mike