Ok I haven't caught up with this whole thread but Mike your definition is flat out wrong and you need to stop repeating it. Derived from tobacco means tobacco is the source the product came from. Just like gas/deisel are derivatives of crude oil. The Russian 91 is a derivative of the kayfun concept. Mechs are derivatives of flashlights. Regulated circuits in mods are derivatives of amps, dimmer switches, etc. Hell the whole atomizer idea is a derivative from several concepts.
The biggest marketing mistake made ever no one mentions anymore and we probably wouldn't be here if it wasn't made. That was calling the first design an e-cigarette and saying its a smoking replacement
plastic ( a finished oil product) is a derivative of oil. a plastic bag is made from plastic and
is also a derivative of oil.
a biodegradable plastic bag does not contain plastic (a finished product of a oil) a derivative of oil
but,is derived from the plastic bag (the source).
this is the definition found in the Food,Drug and,Cosmetic act.
rr)(1) The term ‘‘tobacco product’’ means any
product made or derived from tobacco that is intended
for human consumption, including any
component, part, or accessory of a tobacco product
(except for raw materials other than tobacco
used in manufacturing a component, part, or accessory
of a tobacco product).
(2) The term ‘‘tobacco product’’ does not mean
an article that is a drug under subsection (g)(1),
a device under subsection (h), or a combination
product described in section 353(g) of this title.
(3) The products described in paragraph (2)
shall be subject to subchapter V of this chapter.
(4) A tobacco product shall not be marketed in
combination with any other article or product
regulated under this chapter (including a drug,
biologic, food, cosmetic, medical device, or a dietary
supplement).
from the tobacco control act.
a) DEFINITION OF TOBACCO PRODUCTS.—Section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended
by adding at the end the following:
‘‘(rr)(1) The term ‘tobacco product’ means any product made
or derived from tobacco that is intended for human consumption,
including any component, part, or accessory of a tobacco product
(except for raw materials other than tobacco used in manufacturing
a component, part, or accessory of a tobacco product).
‘‘(2) The term ‘tobacco product’ does not mean an article that
is a drug under subsection (g)(1), a device under subsection (h),
or a combination product described in section 503(g).
and this is from the deeming proposal.
Deeming Provisions—Option 1 for the
proposed rule would deem all products
meeting the statutory definition of
‘‘tobacco product’’ except accessories of
a proposed deemed tobacco product to
be subject to FDA’s tobacco product
authorities under chapter IX of the
FD&C Act. FDA considers accessories of
proposed deemed products to be those
items that are not included as part of a
finished tobacco product or intended or
expected to be used by consumers in the
consumption of a tobacco product, and
we expect that they will not have a
significant impact on the public health.
In addition, FDA considers accessories
to be those items that may be used in
the storage or personal possession of a
proposed deemed product. Therefore,
items such as hookah tongs, bags, cases,
charcoal burners and holders, as well as
cigar foil cutters, humidors, carriers,
and lighters would be considered
accessories and would not fall within
the scope of this proposed rule. Section
201(rr) of the FD&C Act (21 U.S.C.
321(rr)), as amended by the Tobacco
Control Act, defines the term ‘‘tobacco
product’’ to mean ‘‘any product made or
derived from tobacco that is intended
for human consumption, including any
component, part, or accessory of a
tobacco product (except for raw
materials other than tobacco used in
manufacturing a component, part, or
accessory of a tobacco product).’’ 1
Products that meet the statutory
definition of ‘‘tobacco products’’ can
include currently marketed products
such as certain dissolvables, gels,
hookah tobacco, electronic cigarettes,
cigars, and pipe tobacco. Components
and parts of tobacco products, but not
their related accessories, would also be
included in the scope of this proposed
rule. Components and parts are
included as part of a finished tobacco
product or intended for consumer use in
the consumption of a tobacco product.
Components and parts that would be
covered under this proposal include
those items sold separately or as part of
kits sold or distributed for consumer use
or further manufacturing or included as
part of a finished tobacco product. Such
examples would include air/smoke
filters, tubes, papers, pouches, or
flavorings used for any of the proposed
deemed tobacco products (such as
flavored hookah charcoals and hookah
flavor enhancers) or cartridges for ecigarettes.
The proposed rule also deems
any future tobacco products that meet
the statutory definition of ‘‘tobacco
product’’ except accessories of such
product to be subject to FDA’s
authorities under chapter IX of the
FD&C Act. For example, FDA envisions
that there could be tobacco products
developed in the future that provide
nicotine delivery (e.g., via dermal or
buccal absorption), similar to currently
marketed medicinal nicotine products,
but which are not marketed for
therapeutic purposes. Such products
would be ‘‘tobacco products’’ and
subject to FDA’s chapter IX authorities
should the deeming rule be finalized.
regards
mike