This was copied as stated from the Director FDA's Center of Tobacco products:
It's unclear, the FDA official says, if
[Other Stuff] "
vape pens" that look and function like e-cigarettes would be covered by the new regulations. "The FDA does not have regulatory authority over products to be used in conjunction with
[Other Stuff]," he says."If it doesn't meet the ['made or derived from tobacco'] statutory definition of 'tobacco product' we would not have that authority. If it meets the definition of a tobacco product, we have authority to regulate it only as a tobacco product."
He brushes off concern about black market sales.
"We have a very effective office of compliance and enforcement that will be monitoring and conducting surveillance to detect any kind of illegal activity in the marketplace," he says. "I have no idea what the likelihood is for a black market, but if that happens we'll find it and those products, if they haven't received marketing authorization from FDA, would be in violation of the law."
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I just love this part. They state it but don't practice it. Did someone tell them that all vapers don't even have a high school education?
."If it doesn't meet the ['made or derived from tobacco'] statutory definition of 'tobacco product' we would not have that authority. If it meets the definition of a tobacco product, we have authority to regulate it only as a tobacco product."