Deeming Regulations have been released!!!!

BillW50

Vaping Master
ECF Veteran
Verified Member
Nov 23, 2014
3,429
34,412
US
I thought they changed that some time ago. But I may be wrong. Don't quote me. :lol:

Changed what? If the same is offered in both nic and 0mg nic? The 0mg one doesn't require a PMTA? That would be great and I really don't see how the FDA could enforce 0mg juice to pass a PMTA anyway.
 

zoiDman

My -0^10 = Nothing at All*
Supporting Member
ECF Veteran
Apr 16, 2010
41,622
1
84,747
So-Cal
...

Local or Federal laws could be created to ban such devices, but the FDA currently has no such authority and not subject under the PMTA if purchased outside of the country.

...

Personal Use

The FD&C Act does not exempt tobacco products imported for personal use from applicable requirements for tobacco product imports.

Importing and Exporting

Now.... We can do the "What is a Tobacco Product" debate for the Nine Hundredth and Eighty Seven'th time. But in the Eyes of the FDA, just about Everything we use is.

So if get a Form from Customs say'n that your Item is Not going to show up, because it is being Held as Evidence of a Possible Crime, don't be surprised.
 

markfm

Aussie Pup Wrangler
ECF Veteran
Verified Member
Jul 9, 2010
15,268
45,866
Beautiful Baldwinsville (CNY)
Vape gear, eliquids, and nicotine base are not going to be illegal for individuals to own or use come Sept 10. This is a whole different realm from classic controlled substances. No prescriptions, no licenses, no...

FDA's Center for Tobacco Products (CTP) definition indicates that importer is intended in a commercial (sale/distribution) sense:
"Importer means any person who imports any tobacco product that is intended for sale or distribution to consumers in the United States"

Net, their own verbiage indicates that if I have bought something from overseas at a personal use quantity, I shouldn't fall under the category of either manufacturer or distributor from an Importer perspective, and since the products are not actually illegal to own or use in the US, I'm not going to lose any sleep over it.
 

Katya

ECF Guru
Supporting Member
ECF Veteran
Verified Member
Feb 23, 2010
34,804
120,147
SoCal
Vape gear, eliquids, and nicotine base are not going to be illegal for individuals to own or use come Sept 10. This is a whole different realm from classic controlled substances. No prescriptions, no licenses, no...

FDA's Center for Tobacco Products (CTP) definition indicates that importer is intended in a commercial (sale/distribution) sense:
"Importer means any person who imports any tobacco product that is intended for sale or distribution to consumers in the United States"

Net, their own verbiage indicates that if I have bought something from overseas at a personal use quantity, I shouldn't fall under the category of either manufacturer or distributor from an Importer perspective, and since the products are not actually illegal to own or use in the US, I'm not going to lose any sleep over it.

Ahem. See zoiD's post above.

Personal Use
The FD&C Act does not exempt tobacco products imported for personal use from applicable requirements for tobacco product imports.
 

zoiDman

My -0^10 = Nothing at All*
Supporting Member
ECF Veteran
Apr 16, 2010
41,622
1
84,747
So-Cal
Vape gear, eliquids, and nicotine base are not going to be illegal for individuals to own or use come Sept 10. ...

...

For the FDA and the Feds, this Isn't the case.

My Eyes are getting Tired. I thought you said they Would be Illegal.

What you said is Absolutely Correct.
 
Last edited:

UncLeJunkLe

ECF Guru
ECF Veteran
Verified Member
Nov 29, 2010
10,626
2
28,683
¯\_(ツ)_/¯
There is currently no law importing anything vape related. I could order parts all over the world, assemble them into a complete working AIO and use it myself or ship millions of them for sale outside of the country. It's all currently legal.



Local or Federal laws could be created to ban such devices, but the FDA currently has no such authority and not subject under the PMTA if purchased outside of the country.



This is true. So far there are none.

Vape products are not deemed as "vape products", they are deemed as "tobacco products".

There are laws and restrictions on the importation of tobacco products into the USA.

You/we call it vape, they call it tobacco.
 

BillW50

Vaping Master
ECF Veteran
Verified Member
Nov 23, 2014
3,429
34,412
US
Personal Use

The FD&C Act does not exempt tobacco products imported for personal use from applicable requirements for tobacco product imports.

Importing and Exporting

All I see is that it must conform to the packaging and warning labels. Like the silly warning on spare glass that states this product contains nicotine when it fact it does not. This has been done since Aug 8, 2016 or was it a bit later? I didn't see anything about needing to be PMTA submitted/approved.
 

BillW50

Vaping Master
ECF Veteran
Verified Member
Nov 23, 2014
3,429
34,412
US
Vape products are not deemed as "vape products", they are deemed as "tobacco products".

There are laws and restrictions on the importation of tobacco products into the USA.

You/we call it vape, they call it tobacco.

I know. I don't think it's fair that the FDA does have authority to call glass, o-rings, wire, batteries, etc as tobacco products. But they do. But only because this is sold as the intended use. But the exact same hardware also becomes not a tobacco product if the intended use is for say CBD e-liquid.

Now by the same FDA rules, shouldn't any products marketed for cigarettes after Feb 15, 2007 also be subject to the PMTA, like cigarette lighters, ashtrays, etc?
 

UncLeJunkLe

ECF Guru
ECF Veteran
Verified Member
Nov 29, 2010
10,626
2
28,683
¯\_(ツ)_/¯
Just a thought has anyone thought that a vape mod device could just become a modern hand held soldering iron with a detachable iron bit that just so happens to use a 510 connection?

The way I see it, a vape device is basically a highly customizable cigarette lighter. Prove me wrong :)

brightly-glowing-coil-atomizer-vaping-600w-1215679072.jpg
 
Last edited:

BillW50

Vaping Master
ECF Veteran
Verified Member
Nov 23, 2014
3,429
34,412
US
Just a thought has anyone thought that a vape mod device could just become a modern hand held soldering iron with a detachable iron bit that just so happens to use a 510 connection?

Oh yes, that has been done before and will no doubt into the future. ;)
 
  • Like
Reactions: stols001

markfm

Aussie Pup Wrangler
ECF Veteran
Verified Member
Jul 9, 2010
15,268
45,866
Beautiful Baldwinsville (CNY)
Ahem. See zoiD's post above.

Personal Use
The FD&C Act does not exempt tobacco products imported for personal use from applicable requirements for tobacco product imports.
Fascinating, but then again I should not have expected the FDA to be internally consistent [emoji3]

The Customs and Border Protection site likewise seems oriented towards rules on non-personal (commercial) imports of tobacco products.

I suspect this is another cohesive, whole government, coordinated approach (Keystone Cops).
 
Last edited:

zoiDman

My -0^10 = Nothing at All*
Supporting Member
ECF Veteran
Apr 16, 2010
41,622
1
84,747
So-Cal
All I see is that it must conform to the packaging and warning labels. Like the silly warning on spare glass that states this product contains nicotine when it fact it does not. This has been done since Aug 8, 2016 or was it a bit later? I didn't see anything about needing to be PMTA submitted/approved.

Yeah... No Problem.

But make sure to Submit the "FDA Produce Code" and the "Intended Use Code" correctly in the FDA's Automated Commercial Environment (ACE).

Because it is a PITA to have to submit them thru Snail Mail.

LOL
 

Seiggy

Super Member
ECF Veteran
Feb 1, 2012
343
1,564
Irwin, Pennsylvania
The way I see it, a vape device is basically a highly customizable electronic cigarette lighter. Prove me wrong :)

I had once of those I think a long time ago. It was a Mini Micro device about the size of a BIC. It was wind protected too iirc.:smokie:
 

UncLeJunkLe

ECF Guru
ECF Veteran
Verified Member
Nov 29, 2010
10,626
2
28,683
¯\_(ツ)_/¯
I had once of those I think a long time ago. It was a Mini Micro device about the size of a BIC. It was wind protected too iirc.:smokie:


Exactly, except this, equipped with a single 21700 would last you forever :D

Put this little M4 RDA even on a 450mAh ego battery and it's just a rechargeable lighter.

1346104-5.jpg
 

Users who are viewing this thread