Deeming Regulations have been released!!!!
- Thread starter Oliver
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Thanks but not really my question. I'll bet the farm online sales of e-cigs will be prohibited. E-cigs will be classified the same as cigarettes. Cigarette sales online are not permitted. That's about as clear as it gets that online sales in the US are about over. But a sale made online to a foreign company would be the same as buying said product in that country. So as long as the product itself isn't prohibited in the US customs won't be able to confiscate your order. Jw if anyone can confirm this.
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The PACT Act of 2010 only restricts online sales of cigarettes and smokeless tobacco. It will have to be amended by Congress to include vapor (or other newly deemed) tobacco products.
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Are you referring to exports out of the US or imports into the US. Imports would be subject to the same rules. Exports would depend on the laws in the receiving country. Hard to give a definitive answer since currently there is no law one way or the other for online sales of ecigs within the US, at least not one that has been amended since the deeming.
I just read the pact act of 2010. I def seen the exemption for cigars but nothing about e-cigs. Not to be a pita but could you show me a quote.
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Well if imports of e-cig devices is prohibited than it's over. Most all our equipment is made in China.
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I Feel Like
We are not being heard!
CASAA.org - WE NEED ACTION, We Need Valuable Direction.......We Need to Be Heard!!!
We are not being heard!
CASAA.org - WE NEED ACTION, We Need Valuable Direction.......We Need to Be Heard!!!
But is vape smoke? So it would be classified as smokeless tobacco?
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As far as I know, the Federal gov. does not prohibit online sales of cigarettes. Where the problem exists is if you attempt to purchase and not pay State and local taxes on said product.
Correct. Sorry. I should have been more specific. "Cigarettes" and "smokeless tobacco" are the only products that are covered (see definitions in the text). Cigars are exempt. E-cigarettes are not included-mentioned-targeted--they have been freely sold online post-PACT.
I'll edit my OP.
Correct...............so far.
States are Pushing the FDA to attempt to Force Internet restrictions.
I've said Many Times on this Forum that I'll bet skoony's next Paycheck that the FDA will try to Ban the Sale of All "Tobacco Products" via the Internet inside the USA.
I'm just Wondering what it will Take to get Members of Congress to say Enough is Enough?
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I am not aware of any level of government banning online sales for ecigarettes/eliquid, Arkansas however prohibits their residents from buying eliquid online though.
There's an obvious workaround for the next 2 years at least. B&M's that take the initiative to get their tobacco license can order and sell whatever they want. Custom order and pick up in the shop. B&Ms may have a nice opportunity in front of them. They can just be a middle man and make a slice. They collect upfront too. Organized group buys could become popular too.
Yeah it sucks that people in states that prevent internet won't be able to get it delivered to their door. But I personally don't see them being denied the ability to get what they want. It will just cost more and not be as convenient.
My state borders WV and they just voted not to tax ecig sales. I doubt they will ban Internet sales. I have friends in WV. Inconvenient yes...impossible no.
After the 2 year window all bets are off...
False. They are permitted, but a PITA (because of the PACT Act--shipping is expensive, taxes are collected, and adult signature is required). I know because I did order Swedish snus online before and after the PACT.
After thinking a little deeper about the B&M workaround another thing came to mind...how great is it for a retail store to get paid in advance for products they don't have to stock and hopefully sell? What a cash flow friendly and nimble business model.
Yup, my feelings exactly. Requiring the words this product is made from tobacco on zero nic juice, catch 22, you can't use false or misleading packaging, but you have to print a lie on your product...scratch my head...Bind their hands?
The way those regulations are written,
1) Everything the FDA wants to deem now (or in the future) a tobacco product is (will be) a tobacco product. Period. It makes no difference if it's a tobacco product, nicotine product or an acrylic drip tip.
2) Any "tobacco manufacturer" who wants to have their product approved [either via SE (they still didn't even tell us what the substantially similar predicate product is?) or PMTA] needs to invest thousands of man hours and millions of dollars to produce an application that requires, among other undoable things, proving the unprovable (how does one prove that a child will not be attracted to a certain object, for example?).
What the FDA needs to do in response to an application is NOTHING. If they don't respond within a year, the application is automatically denied. Or, as my friend Nate brilliantly pointed out elsewhere, "As the law is now written, FDA has the full legal authority to reject a PMTA application by tweeting "lolsux2bu"."
I have nothing else to add, really. If those regs are not changed (challenged, amended, stopped, rewritten, thrown out of court), we're screwed.
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