Possessing, and demonstrating, a post 8/8 device could be an issue. Mere possession of a banned device, and publicizing that possession, could be a problem for a US resident reviewer type.
I am not the brightest boy on the block and probably have it wrong, but as I interpreted the deeming it is not necessarily the possession of a device that can get you in trouble, but something along the lines of providing instruction in the use of a vaping product, promoting its use in any way, in any venue, or recommending to others by any manufacturer, distributor, affiliate, or OTHER, (paid or unpaid, employed by or not), that this is a product you would buy, recommend, or endorse is considered advertisement of a controlled substance and Banned as of 8/8/2016. If the product is provided free for review it is considered as payment and therefore the person doing the deed is an employee making both that person and the provider responsible.
I'm sure people here will chime in with the particular Deeming Paragraphs/Declarations/Rules language along with their interpretation. They will be more accurate than I am capable of.
Essentially, the FDA outlawed Free Speech (IMHO) by Deeming YouTube Reviews of Vape Equipment as advertisement, or instruction in proper use of equipment by Vape Shop Staff on product they are selling, etc as advertising or advocating use of a controlled substance even if it contains no Nicotine.
YMMV
Ok, I'm a little lost now. I'll admit I did not read the 499 pages of the regs. I'm not a lawyer or a cop or a judge or any of that kind of stuff. I'm a consumer in the 21st century where I click on a button on my device (phone/laptop) and soon after toilet paper can appear at my door without ever leaving the house. I can shop online for anything from a loaf of bread to a new car, new home or even a new job. All from the comfort of my underwear. Today's world is a see it, click it, own it place we live in today. My 30 year old kids have no clue what it's like to listen to a radio waiting for a certain song to play to catch the name or artist, so you physically go to the store and buy the whole damn album... All in person.
Ok, so in this wonderful modern world we all live in, if I buy a product from a web site, and it arrives to me.. And listen, I'm not a Vape encyclopedia, I don't know when a kayfun 3.1 came out, or the kayfun 7 came out, but anyway I get this device, the kayfun 7 or the sigelie 333 watt TC device that runs on 4s lipo pack.. And post pictures here to show my buddies (and you are all my buddies!) are you telling me that I could potentially get in trouble for showing you or talking to you about that device?
Now, I understand ignorance of the law is not a defense. But seriously how many of us here can honestly without a doubt claim to know every single product available? Dates produced? Etc.. Etc.. And I'm not saying that as a defense I'm being honest.
True Story, I bought a cell phone on eBay years ago, years and years and years ago. Paid $xxx amount for the phone, turned out the phone shipped from Ireland or something like that, it was locked to their carrier, at that time could not be unlocked, sold as new, but had pictures of the guys vacation on it... Now, that purchase was completely innocent to me... I got burned financially because the seller lied, plus I didn't make note of where he was shipping from. But if that were a Vape product and I come here and tell my story, according to what y'all are saying, I could get in trouble for that?
I'm NOT saying you couldn't, I'm just saying I doubt that's the kind of stuff they'd be looking for. They would be more interested in the guy selling 100 pieces of a item that is not being represented accurately or may be shipping in a banned item...
I dunno... Not to go all outside the lines here, there is so much stuff that gets shipped in to the usa (and other countries too probably) from colorbooks, non licensed cell phone cases at the mall, ladies purses that say LV, to extra Virgin olive oil... All fake. All banned.. All bought legally by a consumer. Now we as those consumers don't have the right to discuss those purchases? "this thing is garbage" or "it's amazing" or "it matched my others perfectly"????
How many freedoms and liberties does making that statement alone violate?
To be clear, I'm not picking on anyone here... We are all friends here, I'm trying to better educate myself. Because like I said I didn't read the regs because I knew I wouldn't understand them fully. But if it's taking away my ability to socialize my hobby with you people, to which I'm eternally grateful for meeting all of you, well I'd be devastated. Especially when I can't do a coffee search on my phone when my grandkids are around because of the federally illegal garbage and filth that pops up that actually kills people and that's on every f'ing bit, block and electron on the internet!
Sorry...steam has been expelled. Thru my ears which I had prior to Aug 8 2016!
