I have been doing some thinking ( be afraid, be very afraid ) in general about this legal issue with e-cigs.
It occurs to me that it is in some ways similar to a battle that was recently won against the ATF. It is particularly striking to me as the ATF could indeed become involved here as well. Yes I know that e-cig juice is not tobacco, but the ATF has a funny way of deciding on their own what is in their jurisdiction and what is not.
High powered rocketry recently ( in the last couple of years ) won a multi-decade long battle with the ATF over aluminum perchlorate, basically solid rocket fuel. The ATF had decided this was an explosive, it is not by definition but that didn’t stop the ATF from shutting down business, arresting folks and regulating users of it close to extinction.
It took millions of dollars, and decades of court battles before the ATF was finally ordered by federal court to stand down on the issue. All over the definition of a material ( see the similarity here )
Here comes e-cigs, and we have the tobacco industry, big pharma, the FDA, potentially the ATF and who knows how many other agencies will want a piece.
There is no question in my mind that this will end up being regulated by someone. But there is also no question that the battle will be long… and expensive.
I think we have a rough road ahead, where you are allowed to use an e-cig is the least of your worries… I am afraid it will get much MUCH worse than that.
It occurs to me that it is in some ways similar to a battle that was recently won against the ATF. It is particularly striking to me as the ATF could indeed become involved here as well. Yes I know that e-cig juice is not tobacco, but the ATF has a funny way of deciding on their own what is in their jurisdiction and what is not.
High powered rocketry recently ( in the last couple of years ) won a multi-decade long battle with the ATF over aluminum perchlorate, basically solid rocket fuel. The ATF had decided this was an explosive, it is not by definition but that didn’t stop the ATF from shutting down business, arresting folks and regulating users of it close to extinction.
It took millions of dollars, and decades of court battles before the ATF was finally ordered by federal court to stand down on the issue. All over the definition of a material ( see the similarity here )
Here comes e-cigs, and we have the tobacco industry, big pharma, the FDA, potentially the ATF and who knows how many other agencies will want a piece.
There is no question in my mind that this will end up being regulated by someone. But there is also no question that the battle will be long… and expensive.
I think we have a rough road ahead, where you are allowed to use an e-cig is the least of your worries… I am afraid it will get much MUCH worse than that.
