Does anyone one have direct proof of a ban?

[robw]

Ive seen emails, Ive seen blog articles and Ive seen press releases from companies.

Does anyone have any proof directly from either the FDA, congress or any verifiable source that both Personal vaporizers and nicotine liquid are being banned?

A popular liquid company has told me they will not be effected if anything happens because they dont sell the electronic cigarette. So does that mean there is not going to be a ban on liquid, just the devices?

 

[Iken]

Tomorrow my friend, we will know

 

[Boston George]

Rob if the 'popular liquid company' is in the US and the intended use of their product is consumption via electronic cigarette, they will be affected, should the FDA decide to enforce the ban.

Congress does not need to do anything for the FDA to ban a product if the product falls under the FDA's jurisdiction.

Moreover, the Smoking Everywhere lawsuit has erased any shadow of a doubt about the legal status of e-cigs. SE would not fight the FDA if they had any other option.

 

[ISAWHIM]

There is no "Ban"... There is an investigation into certain foreign manufactures. The investigation, as of yet, involves the holding and restriction of certain devices and chemicals.

These devices are being held, due to the advertising which identifies them as a smoking device. (Though they are not a "Smoke" delivery device.) In the USA, smoking devices need to be registered, for control of sale from minors.

These liquids, which contain a "Known poison", and "Known regulated substance", being lethal levels or quantities of nicotine and tobacco extracts, may be subject to tobacco control, and may be subject to poison control. (Some require special package notifications for shipping and handling. Some require registration with the tobacco departments for importation. Being a regulated "Plant" derivative.)

Lack of labels, ingredients, lot numbers, ownership, and the abundance of counterfeit items rolling into the USA, has forced this investigation. Pressure from ruyan, for failure to enforce their patents, by allowing knock-offs to enter the country, has also played a role. Ruyan has begun legal pursuit of all the knock-offs, such as "E-cig", the company.

Release of unknown chemicals, whose contents are not defined, and whose instruction indicates consumption, is within the rights of the FDA. It does not have to be a tobacco item, it only has to be an unmarked consumable. The devices are out of the FDA's control, but are a counterpart of the liquid, as the liquid is within many of the devices.

All large packages, from certain suppliers, are being forwarded to an investigation storage area, and others are being returned to the sender.

The removal of questionable devices from sale, is not a ban, it is a safety precaution. A "Ban", would be a publicized and permanent resolution that would require legal change, to reverse. The FDA has not yet made a determination, other than listing these items as, "Items of concern, for immediate temporary removal, pending the outcome of a legal investigation."

Short answer... It is sellers and consumers calling it a "Ban", not an FDA declared "Ban". (This is a perceptive view, not a politically correct fact.)

 

[MaxxVapor]

Not sure what the difference is for the consumer and supplier. If you can't get the product then might as well be a ban.

 

[robw]

As long as I can still get my stash

 

[Kate]

There's a letter from the FDA here Rob - Legal interpretation of the FDA letter

They say "... marketing of them in the United States would be subject to enforcement action, which is why your products have been detained."

That sounds like a ban to me. Everybody seems to have different ideas on what 'ban' means though.

 

[moose88]

Hypothetically speaking if the ban was to occur only 1 group of people would be HEAVILY affected by it, and thats the retailers in the USA especially the ones that have their own brand ecigs

the manufacturers will be making these things for years to come because of the other markets in different countries. like the UK Europe middle east etc etc. the potential is unlimited, so the factories will keep on producing forever. Consumers of this product in America, can get them mailed from any country where the products are not banned. and they will not get held in customs because they are not from china, and express door delivery will ensure the products will get to you safely.

i dont think that the use of the ecig will ever be publicly banned (like you can get a criminal record level) the worst that can probably happen is that you could get it confiscated for doing it inside a public building or something, and you get the cops called on you because you refuse to put it away.

please note, i have no experience in law, im just jacked up from drinking coffee, and wanted to give my 2cents

 

[yvilla]

...the worst that can probably happen is that you could get it confiscated for doing it inside a public building or something, and you get the cops called on you because you refuse to put it away.

Not even that actually, because the smoking bans/clean air acts all have to do with ignited tobacco, that is, with combustion and smoke. None of which is involved with ecigs.

Use on private property like bars and restaurants on the other hand, as with anything else like entering barefoot or not, is up to the proprietor, of course.