Fda crackdown looms

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vape4life

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Mar 6, 2009
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Hrm. I don't really see the FDA acting here. They like to put out statements to protect the public from the unknown, but I don't think there is much they can legally do.

Nicotine is not a controlled substance. E-juice is no more a drug than herbal supplements, and as much as the FDA hates herbal supplements (a la ephedrine) there was nothing they could do to stop it until the Congress acted.
 

vape4life

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It seems evident to me that e-juice can easily and legally be marketed as an herbal supplement, and thus NOT regulated by the FDA.

A claim like "nicotine has been shown to increase alertness" would qualify it as a supplement.

The only question is the "excluding tobacco" phrase in the following list. Because it is a tobacco extract and not tobacco itself... I think... means supplement?


Definition of Herbal Supplement:
In the United States, a dietary supplement is defined under the Dietary Supplement Health and Education Act of 1994[2] (DSHEA) as a product that is intended to supplement the diet and contains any of the following dietary ingredients:
a vitamin
a mineral
an herb or other botanical (excluding tobacco)
an amino acid
a dietary substance for use by people to supplement the diet by increasing the total dietary intake
a concentrate, metabolite, constituent, extract, or combination of any of the above

Furthermore, it must also conform to the following criteria:
intended for ingestion in pill, capsule, tablet, powder or liquid form not represented for use as a conventional food or as the sole item of a meal or diet labeled as a "dietary supplement"

Pursuant to the DSHEA, the Food and Drug Administration (FDA) regulates dietary supplements as foods, and not as drugs. While pharmaceutical companies are required to obtain FDA approval proving the safety or effectiveness of their products prior to their entry into the market, dietary supplements, like food, do not need to be pre-approved by FDA before they can enter the market.[5]

The claims that a dietary supplement makes are essential to its classification. If a dietary supplement claims to cure, mitigate, or treat a disease, it would be considered to be an unauthorized new drug and in violation of the applicable regulations and statutes
 

MisterPuck

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Feb 20, 2009
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Can nicotine be synthetically produced?

Based on your post, I can see the futures of potatoes is looking very rosy indeed. :cool:


forget potatoes, Tea is where it's at.

The average values for nicotine in tomato and potato were 7.3 ng/g wet weight and 15 ng/g wet weight, respectively. Black teas, including regular and decaffeinated brands, had nicotine contents ranging from non-detectable to greater than 100 ng/g wet weight. Instant teas yielded the highest nicotine contents observed (up to 285 ng/g wet weight).

source
Erowid.org: Erowid Reference 7397 : Dietary nicotine: a source of urinary cotinine : Davis RA, Stiles MF, deBethizy JD, Reynolds JH
 

Liberate_Yourself

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Nov 14, 2008
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This is absolutely terrible news :(

I hope they either don't take it too far, or conclude that these are harmless (other than the nicotine) and let the pressure off for a while. Why hasn't the FDA banned analog cigs with their 4,000+ chemicals plus nicotine plus carbon monoxide? Not saying they SHOULD ban analogs (unless they want half the country rioting), just wondering how can they allow analogs but not allow what *SEEMS* to be a much safer and healthier alternative?!

I would think that would be because Big Tobacco has deep pockets.. and their death sticks are generating huge revenue in tax dollars for good ol' Uncle Sam.. That would be my best guess...
 

macpanda

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Im all for our Juice being regulated but I refuse to give up my ecig now. Ive smoked since I was 12 and just quit over 2 weeks ago and I feel amazing and my blood pressure is back to normal and my doctors are so happy. Its all thanks to the vaping. So screw the FDA Im gonna write up some letters. I aint giving up with out a fight.

I wish there were more of us so we could all stand in front of the main FDA offices and take out our pens and minis and vape away. Could you imagine that? Just fill the streets with people vaping in protest!
 

Effex

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Feb 26, 2009
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In my opinion, it is up to companies like Njoy, which is probably the most commercially successful e-cig company in America, and possibly the world.

If they represent the e-smoking community with honesty and correct intentions, we will have a much bigger fighting chance with those guys, because lets face it - "mom and pop" shops like the ones most of us buy from have lost their right of way a long time ago. It's sad, but true.

The problem also lyes within correct advertisement. Companies, big or small, simply cannot go running around, claiming that their device is a cessation device. That is a big no no. if I choose to quit while using e-cigs, that choice is on me, not the recommended choice of e-cig manufacturers and distributors.

One thing to keep in mind - Without e-juice and loaded carts, e-cigs are nothing more than electronic paraphernalia. And last I checked, it wasn't illegal to sell metal heating devices and rechargeable batteries.. Point is, like others here have mentioned, I presume the FDA will end up regulating e-liquid. I just hope it doesn't come down to them only allowing something ridiculously small in strength, like 8mg or some such.
 

~kerri

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Feb 15, 2009
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"forget potatoes, Tea is where it's at.

The average values for nicotine in tomato and potato were 7.3 ng/g wet weight and 15 ng/g wet weight, respectively. Black teas, including regular and decaffeinated brands, had nicotine contents ranging from non-detectable to greater than 100 ng/g wet weight. Instant teas yielded the highest nicotine contents observed (up to 285 ng/g wet weight)."
**************************************************************************
Wow! No wonder I drink so much tea!
 

wv2win

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Feb 10, 2009
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Is it just a coincidence that all of this negative FDA attention has occurred since the new administration took over? Lack of regulation has never been a liberal philosophy. I hope I am wrong but I don't believe in coincidences.

One of my favorite reporters who relies on common sense is John Stossel of 20/20. His "Give Me a Break" would be a good place for a review of electronic vapoizers. I have a strong feeling that his conclusion would be that vaping is a good thing.

We need a high profile individual who smokes to embrace vaping. Someone like a Bono. The liberal media would then start doing positive stories on the advantages to vaping. Who in the entertainment industry, who is also well liked, smokes? We need a positive, high profile spokesperson.
 

chewy7097

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Nov 1, 2008
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I think the one of the greatest areas of concern is all the false / misleading advertising. I'm certainly reiterating what many others have said, but the minute you call it a smoking cessation device, or NRT, you've crossed the line into FDA land. Also - I've seen many advertisements which state that "e-cigs contain Nicotine and Propylene Glycol, a chemical approved by the FDA." While not inaccurate, it is misleading. There were also some advertisements stating that e-cigs were approved by the WHO. We as a group need to ostricize suppliers and resellers that are making false claims. we should point out the false claims and request removal of said claims. We should also maintain a database of businesses that make false claims and refuse to remove them - they should be boycotted by every e-smoker out there!

There is strength in numbers, and there are plenty of members here.
 
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If companies can sell "steroids" and "speed" as dietary supplements, there's a way to sell nicotine as well. Probably just use an alternate primary source other than tobacco, as others have pointed out. And if I remember correctly, the FDA has no power to regulate dietary supplements.

Also, if anybody is planning on contacting their elected representatives, send them a hand written letter not an email. Emails mean almost nothing to them, they just get deleted by a low level staffer. When a constituent takes the time to send a hand written letter - not a form letter - politicians sit up and take notice.
 
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