Deeming Regulations have been released!!!!

CMD-Ky

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You can swim in my pool. An eighty pound concrete block is required to be attached to all swimmers at all times.

I think that when they were doing the press conferences around 2016 the FDA said they were not banning vape products. :sarcasm on: Anyone and his brother was welcome to submit a PMTA for approval, and if they got the approval, they were welcome to sell their wares. :sarcasm off:

The problem came with all of the nasty little surprises in the requirements that would make it nearly impossible for anyone to actually meet all of those requirements, much less pay for the process of creating their application and submitting it. If your PMTA got denied, too bad, so sad, you are out of business and bankrupted.
 
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CublalaLand

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There isn't any such thing as 'the greater good'. Unless you mean sitting idly by as an identity-less drone as the corporate interests you're indebted into servitude towards run roughshod over that which has no means to protect itself. If that's what you mean by 'greater good', then it seems like a double-speak oxymoron.

Sorry, I don't want to be barking mad at the moon here. Because a word is easily repeated and sounds nice doesn't automatically give it some greater meaning. It's borderline superstition, magical thinking, said as a chant. It doesn't have any actual meaning. There is no such thing as 'communally beneficial'. Either something is good for a person, or it isn't. Either the water is clean, or it is befouled. There is no 'for the greater good'. It is a degree of measure by which people are relegated into automatic helplessness, involuntarily.
 
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englishmick

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Thanks to those whom looked this up. I found all that you posted and was coming back to post so now I don't have to, my eyes are crossed from reading in the US Code indexes.

I do remember in the beginning(yeah, I've been around that long) that when congress first addressed vaping that the FDA specifically said they could not ban it, but I am now assuming that has been buried or 'deleted' out per say as they further defined their intentions.

The law says abortion can't be banned but it's OK to impose conditions that make it disappear in practice. vaping seems to be going down the same rabbit hole. And if the feds don't get us the States will close us down anyway.

Something else we don't talk about here is going in the opposite direction, but that one puts money in the pockets of the State politicians rather than taking money away from them. And it will probably get a big boost in the teenage market if vaping goes under.
 

Eskie

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Something else we don't talk about here is going in the opposite direction, but that one puts money in the pockets of the State politicians rather than taking money away from them. And it will probably get a big boost in the teenage market if vaping goes under.

It's going to get a big boost in the teenage market regardless of vaping. Yet no one discusses that issue when pushing state legalization.
 

CublalaLand

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There is no 'rabbit hole'. The people who conduct society are deaf, and can barely read except to malform words. They can't impersonate rabbits. To compare them to rabbits is to insult the entirety of cuniculusdom.

Animals live in a psychic bonding between worlds based upon sensory perception that simultaneously supersedes and exceeds themselves. Humans literally cannot comprehend of, imagine, or comment upon a natural existence.

Refuting this made me forget the original reason I wanted to post again. Why do we become so argumentative? No martyr ever offers themselves up willingly, they're simply caught in the midst of turbulence. Humans are storks sucked up into jet engines. We're like stone gratin, attempting to achieve real gravity.
 

DaveP

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I rest in the assurance that my current frozen nic base stock will likely outlast me. PG and VG are items commonly used for a multitude of purposes. Stainless steel wire is commonly used in flower arranging, wire tying, and many other applications. Most of the flavor concentrates we use have multiple uses in baking and drink flavorings. I've settled mostly on unflavored juice over the years.

I think the government knows that tobacco will slowly fall out of flavor with the public. Outlawing vaping will just make those who are battling with quitting smoking go right back to smoking. Big tobacco will be happy if that happens, but the vape market is growing and BT is right in there with their vape products. BT's biggest concern is the rate of smoking cessation in America and they are fighting for market share in vaping.
 
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englishmick

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There is no 'rabbit hole'. The people who conduct society are deaf, and can barely read except to malform words. They can't impersonate rabbits. To compare them to rabbits is to insult the entirety of cuniculusdom.

Animals live in a psychic bonding between worlds based upon sensory perception that simultaneously supersedes and exceeds themselves. Humans literally cannot comprehend of, imagine, or comment upon a natural existence.

Refuting this made me forget the original reason I wanted to post again. Why do we become so argumentative? No martyr ever offers themselves up willingly, they're simply caught in the midst of turbulence. Humans are storks sucked up into jet engines. We're like stone gratin, attempting to achieve real gravity.

I didn't mean an actual hole dug by a rabbit, that was what we humans call an analogy. Although as soon as those words passed my lips (analogorically speaking that is) I realized that analogies probably have no actual meaning since they can never be more than a doomed attempt to compare one delusion with another delusion, in the real world, or rather the story that we tell ourselves in order to be able to live with our inability to comprehend what's actually going on around us, if there indeed is a real world behind the delusions we create, or don't create, to allow us to feel comfortable being here. If you know what I mean.

Actually Cub every time I read your posts I get this feeling that there is something significant there lurking just beyond the boundaries of my comprehension. I enjoy reading it nonetheless.
 

MyMagicMist

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My fear for the vaping industry is that it doesn't have that essentially single minded USA corporate interest behind it to lobby for laws that allow people to vape.

I was nearly inclined to agree with this point. There are three non-profit advocacy groups.
You though were looking for a single corporate interest. It took me a little bit to locate that but I did manage to fine one such interest.

SEVIA USA

This an organization that incorporated in the United States. It is comprised of a number of various manufactures of vaping hardware as well as makers of ejuice.

Here is just a sampling of some of their members.

Shenzhen Eigate Technology Co., Ltd
Building B3,Xin Hongtai Industry Park ,Jian’an Road 14 ,Tangwei,Fuyong Town,Bao’an District, Shenzhen, China
Aspire® Official Site - Best E Cigarette, Vape, Tank, Mod

ShenZhen Kanger Technology Co.,Ltd
Bldg. A1, Haocheng Industrial Park, No. 66 Hexiu Rd. Heping Village, Fuyong, Bao’an District, Shenzhen, CN
https://www.kangertech.com/

INNOKIN TECHNOLOGY CO. ,LTD
Building 6, XinXinTian Industrial park , Xinsha Road Shajing, Baoan District, Shenzhen, China
A Better Vape Experience – INNOKIN

Shenzhen SMOK Technology Co.,Ltd
3rd Floor of Jiejing Yangguang Park’s Affiliated Building, No.15 Kejibei 2nd Road, Nanshan District, Shenzhen, China
SMOK® Innovation keeps changing the vaping experience!

Shenzhen Joyetech Co.,Ltd
9th Blvd.Changxing High New Tech. Industry Zone, Shajing Town, Baoan District, ShenZhen China
Electronic Cigarettes Info & Reviews | Ecigs Review

Note these are business that likely can and possibly do billions of dollars of business globally. They do not need to concern themselves with the market for vaping in the United States. They have plenty of business elsewhere. That they decided to step up to incorporate in the United States, I think speaks volumes. It certainly ought to at least say they've created a single corporate interest to help protect vaping. I may be in error but it is what I see. So I'm not as inclined to agree with your assessment.
 

MyMagicMist

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We have allowed this to happen and as a result of our apathy there are no limits to federal power.

As a passing curiosity, can you then perhaps see why I humbly think we should have remained Confederated States for America? I was born in Orlando FL, but that has no bearing on my thinking regarding the C.S.A. I've lived in the North as well, gotten along fine. I've began recently to have a strong dislike of federalism, though. I'm no fancy educated person, likely could have and ought to have been, that aside I can still see the more we've let government become centralized the easier it becomes for tyrants to wield. If we had remained confederated each state could retain its own Law, own ways & means and there'd be none of this talk of swamp draining, no swamp would exist.

Making it simpler I'll borrow from mt Pap's favorite cartoon strip Pogo.

"We have met the enemy and he is us!"
 

ScottP

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This might be what you are looking for...

The Tobacco Control Act does not:
The law makes clear that FDA's role is to regulate and protect the public health, but it places a few restrictions on FDA's powers. FDA cannot:




    • Require prescriptions to purchase tobacco products.
    • Require the reduction of nicotine yields to zero.
    • Ban face-to-face sales in a particular category of retail outlets.
    • Ban certain classes of tobacco products.
Overview of the Family Smoking Prevention and Tobacco Control Act

---


Limitations

  1. In general. No restrictions under paragraph (1) may
    1. prohibit the sale of any tobacco product in face-to-face transactions by a specific category of retail outlets; or
    2. establish a minimum age of sale of tobacco products to any person older than 18 years of age.
Section 906 of the Federal Food, Drug, and Cosmetic Act

Unfortunately, what happened in SF wasn't an FDA Action.

And State and Localities have the Ability to Ban the Sales within their Jurisdiction.

You mean the Marlboro Protection Family Smoking and Tobacco Control Act?

It never mentions vaping at all. It does prohibit the FDA from banning all cigarettes, all smokeless tobacco products, all little cigars, all cigars other than little cigars, all pipe tobacco, or all roll-your-own tobacco products; or requiring the reduction of nicotine yields of a tobacco product to zero. Now since the FDA has deemed vapor products to be tobacco products, one could make the argument that they can't ban them, but since there's no explicit mention of them, any attempt by the FDA to ban them would surely end up in the courts.

It also explicitly does not prohibit federal agencies, states, political subdivisions, or Indian tribes from enacting additional or more stringent measures, meaning it does not prevent a city (like SF) from banning the sale & distribution of vapor products.

I highly doubt that the FDA would even attempt to ban ENDS (Their term for ecigs). As mentioned it would result in at least some backlash and likely many lawsuits. BUT, they do NOT have to ban it to destroy the industry. All they have to do is make the approval process so long and costly that no company can afford to do it. Which they already have with the original deeming regs, all they have to do is start enforcing it. They also do not have to approve any applications. Either way the result is the same as ban but less likely to invite lawsuits and much harder to defeat in a lawsuit should one actually be brought.
 

Buckeyevapen

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I expect that will be far more difficult than they imagine.
I certainly hope so. Why do you think it will be difficult?

Also since the 10 month deadline was announced has any else noticed the high volume of flash sales on line?

Lastly, could a loop hole for PMTA be one for MTL tank, sub ohm tank, rta and rda? Wouldn’t each of those product be placed into a lump PMTA? I can see coil type being an issue for tanks but rebuildables seem to have more in common than not.

I hold out no hope for cooler heads to prevail in this as there is simply too much wrongfully places political will in “saving the children” and not nearly enough understanding of what the hell they are doing to the industry which by in large prides itself on NOT being a tobacco product.
 

stols001

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I don't think the industry "by in large" can consider itself not a tobacco product. Unless you are using synthetic nicotine, eliquid is a tobacco biproduct.

I don't think that is where the argument should really be. Ecigs should be proud of being a harm reduction product. That is what they actually are.

And oddly enough, unlike some maintenance opioid programs, it is (based on what we know so far) so much less riddled with dangerous side effects it should be considered THE harm reduction product of the century really.

Anna
 

DarrenMG

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To be fair,
True, true! Even the most ardent devotee of limited government will be able to rationalize their own exception to the principle, maybe even me.

It's human nature, but at the end of the day, I am doing little or no harm to others by vaping in my home, but the morality police will demand the government do something about my choice now if get a disease due to vaping. I won't be one of those people who demand a payment for my own choices, but I do get it, others will, the employees of the FDA are covering their butts before it happens and they are implicated for not doing 'their job'. Everything is simple once you realize everyone is out for their own good ;)
 

Buckeyevapen

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I don't think the industry "by in large" can consider itself not a tobacco product. Unless you are using synthetic nicotine, eliquid is a tobacco biproduct.

I don't think that is where the argument should really be. Ecigs should be proud of being a harm reduction product. That is what they actually are.

And oddly enough, unlike some maintenance opioid programs, it is (based on what we know so far) so much less riddled with dangerous side effects it should be considered THE harm reduction product of the century really.

Anna
I guess the pride point is really not being associated with “big tobacco” as a product line. And I agree it should be presented as product intended for current smokers who are looking for harm reduction, however to market mods and tanks as such would require additional BS to swim through. Additionally to state that it helps folks quit smoking would place it even deeper into the pockets of big pharmaceutical and big government. It is the Webster’s dictionary example of a disruptive technology as it will not fit into current long standing boxes thus politicians and government are flapping their gums and flexing their “powers” over it. From their perspective it harms tax revenue streams (cigarette sales) and the profits of the biggest lobbyists thus it is much more easy to quash then except. Further more there is no money or power to made from a society of healthy knowledgeable citizenship. It is easy to manipulate the unhealthy and the uninformed.
 

CMD-Ky

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I can still see the more we've let government become centralized the easier it becomes for tyrants to wield. If we had remained confederated each state could retain its own Law, own ways & means and there'd be none of this talk of swamp draining, no swamp would exist.

The Constitution would have worked if it had been followed. All powers not specifically delineated to each of the three branches are reserved for the states. That ship sailed. I don’t think the Articles of Confederation would ever have worked because the central government was so decentralized that it was completely powerless, it could not regulate its own currency and could not deal internationally as a unified country. The Articles had a run 1777 through 1789 and we got the greatest idea ever conceived for self governance.

I like your phrasing of “we’ve let the government...” and you are exactly right. We have ceded power to the central government - we simply gave it away. Any time the people are willing to turn over command and control of their governance to other men (or women) there are plenty around who will accept the power. Once they get it they will never give it up and they will increasingly wield it over and against us. Today, if the nation survived to 2019 under the Articles, we would have fifty states all having the same problems that the federal government has today. There would be fifty smaller swamps to drain. It is the nature of most people to go along to get along intent on living their daily lives and it is the nature of a few people to take that power and to consolidate the power into their all knowing all caring hands. There is always a struggle between the concept of liberty and the reality of power.

The greatest experiment in self governance ever devised has been given away. If we had retained the Articles, that would not have changed the nature of the many and certainly not the nature of the few. And the frog in the pot never knows when to jump out and then it is too late to matter.
 

zoiDman

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...

Lastly, could a loop hole for PMTA be one for MTL tank, sub ohm tank, rta and rda? Wouldn’t each of those product be placed into a lump PMTA? I can see coil type being an issue for tanks but rebuildables seem to have more in common than not.

...

I Don't Think you Fully Perceive the Magnitude or Enormity of the PMTA Process.

There Aren't going to be any "Rebuildables" that receive a PMTA. Because in the eyes of the FDA, these would be products that Could be Adulterated.
 

somdcomputerguy

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    There Aren't going to be any "Rebuildables" that receive a PMTA. Because in the eyes of the FDA, these would be products that Could be Adulterated.
    I'm sure that applies to any 'easily refillable' device as well.
     

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