Everyone needs to go to the fda facebook page and voice their displeasure. now is the time for resistance and if needs be revolution and they need to know it.
FDA deeming rule could happen tomorrow
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From what I've read so far, they'll be considered "components" of tobacco products and still subject to regulation, even if not marketed that way. The determination of intended use is left up to the FDA.
Funny how the manufacturers of nicotine who supply the industry are not being labeled as tobacco companies.
In some countries online sales are forbidden, in some not..
That's probably the only hole in the framework. The rest of what I'm reading is pretty much a disaster. The other potential hole is exactly what is substantial equivalence to what was on the market in 2007? The regs are totally unclear on that. It's up to the first companies to attempt the SE pathway and then we'll see what we're dealing with. At the end of the day, the basic mechanism for vaping hasn't changed. It's remains pretty low tech. But it seems more likely that the regs are aimed at chokeholding and regression vs acceptance and progression.
Does anybody know how the FDA came up with the "grandfather" date if Feb 15, 2007?
It's not the first if the year, it's not a certain number if years from these regs.
Was this the date chosen because their research concluded that Ecig sales started on the Feb 16th, 2007?
It's not the first if the year, it's not a certain number if years from these regs.
Was this the date chosen because their research concluded that Ecig sales started on the Feb 16th, 2007?
They are playing the chillin' card big time. Citing CDC studies we all ready know
are bogus.
Mike
are bogus.
Mike
It was chosen because nothing really significant e.g., mods, atties, etc were on the market. Cigalikes themselves were barely on the market at that date. It's so they can backtrack and reg/deem every major advancement in vaping tech.
Yes and no.
Yes, it would technically be immediately considered a tobacco product.
No, it would not immediately be enforced as such, as even the government is required to give a grace period to businesses to allow them to adjust to the change of regulation. They couldn't shut down and prosecute every single B&M shop in the US overnight because they do not conform to an instant change in regulations. There would have to be a reasonable time frame to allow businesses to come into compliance, and during that transitional period sales of existing stock under current law would still be allowed.
ENDS cannot be called smoke free because they are not tobacco so
we have to regulate them because they are tobacco.
"However, this provision only applies to "smokeless tobacco," which is explicitly 54 defined in the FD&C Act as "any tobacco product that consists of cut, ground, powdered, or leaf tobacco and that is intended to be placed in the oral or nasal cavity" (section 900(18) of the FD&C Act). ENDS do not fall within that definition."
Mike
we have to regulate them because they are tobacco.
"However, this provision only applies to "smokeless tobacco," which is explicitly 54 defined in the FD&C Act as "any tobacco product that consists of cut, ground, powdered, or leaf tobacco and that is intended to be placed in the oral or nasal cavity" (section 900(18) of the FD&C Act). ENDS do not fall within that definition."
Mike
They threw away cigalikes too. By adding the () below.
"Any tobacco product (including those products in test markets) that was not commercially marketed ... Feb 15, 2007."
Deeming is here... Mitch Zeller to make an announcement at 8.45am EST. We're liveblogging it at vaping.com. Stay tuned for the announcement and reaction to the most significant event in vaping for 6 years...
Discussion in this thread: Deeming Regulations have been released!!!!
Discussion in this thread: Deeming Regulations have been released!!!!
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CASAA: FDA Deeming Regulations: Release and Next Steps
Per CASAA:
"The most important thing you can do is to make a call, write, or send an email to your Representative and urge them to cosponsor and support HR 2058. If there is one thing that has to be done, this is it. Encourage your family members, friends, everyone who has supported your journey to participate."
Per CASAA:
"The most important thing you can do is to make a call, write, or send an email to your Representative and urge them to cosponsor and support HR 2058. If there is one thing that has to be done, this is it. Encourage your family members, friends, everyone who has supported your journey to participate."
I don't understand how these things work but I am wondering how the Agricultural Bill that included the change of date for the grandfather date, if it gets passed, will affect the deeming.
Everything we're using now will be grandfathered in--legal, kosher and just dandy! It's huge! That's what we have to fight for right now!
That's what I thought! So if it passes it pretty much renders the deeming moot right? As far as current vapor products go that is. If I'm understanding correctly getting this bill passed will kill the deeming.
It won't kill the deeming, but will legalize the use and sales of all the vaping products currently on the market.
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