Papa Lazarou inquired
If FDA issues a Final Rule (that is the same or similar to its proposed deeming regulation), >99.9% of e-cig products now on the market would be banned (including all bottles of flavored e-liquid and >95% of flavored cigalikes).
The only e-cig products that would be legally allowed to be sold would be those officially approved by FDA (and the FDA estimated that just 25 e-cig product applications will be submitted annually to the FDA). The most likely (and perhaps only) flavored e-cig products that would be submitted to the FDA would be Altria's MarkTen (tobacco flavor and menthol flavor), Reynolds' Vuse (tobacco flavor and menthol flavor) and Lorillard/Imperial blu (tobacco flavor and menthol flavored).
But since the FDA's proposed deeming regulation would ban >99% of all e-cig products now on the market (including all PVs and all bottles of e-liquid containing nicotine), and since the FDA has NOT proposed banning any flavorings for e-cigs, this thread is a nonsensical waste of everyone's time.
Wow....an ECF first:.
A thread that is a nonsensical waste of time
And a bit harsh since ,as I understand it, the Tobacco Act banned characterizing flavors in cigarettes and the FDA Deeming Regs claims authority by expanding the definition of "tobacco products" in the act to include e-cigarettes.
It's clear--from more than just the "grandfather" date- that the FDA is using the Tobacco Act as it's guide on other tobacco products, in other words, "when it doubt, treat it like a cigarette".
So assuming that some other vendor---other than Altria/RJR/Lorillard-- will be able to comply or will submit to the eventual FDA approval process what flavors will they be allowed to use? Will they have to license one of those 3 BT flavor recipes? If not, what flavors will they be allowed to submit?
For example : Is NJOY just gonna tuck tail and run? I don't think so.
So the FDA would allow NJOY's flavors in their cigalikes since they have NOT proposed banning any flavorings for e-cigs?
And since they have made NO proposals on flavors they have therefore not defined what makes up a tobacco "flavor".
Can a Virginia Flue Cured flavor still be a "tobacco flavor" if it has a little vanilla in it? Or hazelnut? Or coffee? Or Banana?
Is it still a Menthol if it has mint? Or Kiwi?
Last edited: