FDA issues notice of intent to propose "deeming" regulation by April of 2013 for e-cigarettes and other tobacco products

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Bill Godshall

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FDA issues notice of intent to propose "deeming" regulation by April, 2013 (to apply Chapter IX of FSPTCA to e-cigarettes, cigars, pipe tobacco, shisha/hookah and other tobacco products not currently subject to Chapter IX regulations) "and to specifiy additional restrictions."
http://www.cspnet.com/sites/default/files/2013 FDA Unified Regulatory Agenda.pdf
http://www.cspnet.com/news/tobacco/articles/fda-issues-notice-regulation-other-tobacco-products

At least the FDA is providing a tentative timetable for our next major battle against the agency's deceitful abstinence-only prohibitionists.

Interestingly, the FDA estimated that no federal dollars will be needed to implement this "deeming" regulation, which is probably what the FDA previously thought it would cost to implement its unlawful and unwarranted ban on e-cigarette imports in 2009 (that was struck down by Judge Leon and upheld by 12 federal appeals court judges).
 

Huntsvappin

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Okay I know this has been answered many times but I need a little more help understanding please.

If understand correctly this means internet companies will not be able to sell devices or liquids on the internet anymore? What happens to their stock of liquids, batteries and atomizers? internet companies that somehow get their product registered have to go retail? Can they re-market the product with zero nicotine and call it something else?

Retail Companies will not be able to sell eGo, v2, Premium, or many other brands and atomizers that have entered into the market since 2007? What brands will be available (if anyone knows). Will they be able to sell their current stock or forced to pull it off the selves? What about other PVs that can be used for zero nic liquids like the eGo. Some states have not required a tobacco license for e-cigs, will the Fed Gov regulations require it? Will many be forced to close as well and why?

e-liquid Companies, what happens to them and their wholesale? Are they subject to the 2007 ruling and registration process as well as other intense and expensive testing? What about flavors and restrictions, and taxation?

What about taxation? Will all nic liquids be immediately taxed? I know some states have already applied tax to liquids, but what about states that have not?

Can our congressmen and senators help? Or do we all just need to focus on a particular law or organization group to prevent this. I believe we all need to focus our energy in one place like a laser in order to be heard. What about the media can we use them to our advantage? What can we really do to be heard?

Our testimonies and protest are falling on deaf ears when it comes to the FDA. No Matter what we do or say they are going to do what they deem is right as a power play unless stopped legally. As Americans we are losing our rights to make decisions for ourselves.
 

DC2

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I may be wrong about any of this but...

If understand correctly this means internet companies will not be able to sell devices or liquids on the internet anymore?
It is my understanding that Chapter IX of the FSPTCA has nothing to do with internet sales.
I believe the PACT Act would have to be modified by Congress to include electronic cigarettes in order to stop internet sales.

Retail Companies will not be able to sell eGo, v2, Premium, or many other brands and atomizers that have entered into the market since 2007?
That is a possibility, but it depends on how Chapter IX of the FSPTCA is applied towards electronic cigarettes and how that is interpreted.

What brands will be available (if anyone knows). Will they be able to sell their current stock or forced to pull it off the selves? What about other PVs that can be used for zero nic liquids like the eGo.
Don't know the answer to any of that.

Some states have not required a tobacco license for e-cigs, will the Fed Gov regulations require it?
I believe this is a requirement that is part of Chapter IX of the FSPTCA, so probably.

E-liquid Companies, what happens to them and their wholesale? Are they subject to the 2007 ruling and registration process as well as other intense and expensive testing?
That is a possibility, but it depends on how Chapter IX of the FSPTCA is applied towards electronic cigarettes and how that is interpreted.

What about flavors and restrictions, and taxation?
As for flavors, I'm pretty sure that is part of Chapter IX of the FSPTCA, so probably.

As for taxation, no, the FDA does not have the power to levy taxes, and I believe taxation would be addressed separately.
However, having electronic cigarettes officially declared tobacco products would almost certainly open the door to some form of tobacco tax.

Can our congressmen and senators help? Or do we all just need to focus on a particular law or organization group to prevent this. I believe we all need to focus our energy in one place like a laser in order to be heard.
The place to focus our energy at this time is to join CASAA and get involved.
If you have any good ideas, they are always listening.
:)

What about the media can we use them to our advantage? What can we really do to be heard?
If we could figure out how to get the media on our side, we most certainly would be doing that.
As far as what we can do to be heard, again I will refer you to CASAA and once you join you can attend their meetings.
 

DC2

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I cant believe we havent had more people chime in on this. This could have a HUGE impact in the vaping world affecting almost every aspect.
Somewhat mind-boggling, isn't it?

I think there are a number of factors involved here...
--Not enough exposure to what is going on in the General E-Smoking Discussion
--Not enough exposure to what is going on in the New Members Forum
--People are waiting to see what the "deeming" regulations are before acting
--People are working behind the scenes but not posting

As for that last item, I have been very happy to find that long-time vapers are indeed acting but not posting.
There are many informed vapers who read these sections but don't really post.

It does help to see posts though, because if you think nobody cares or is paying attention, it can be hard to remain motivated.
 

grandmato5

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We've known this was coming, it just looks like we're finally to the point that we will know for certain within the next three months exactly how the FDA proposes to handle our ecigs.

We can still hope for the best, but reality tells me we'd better prepare for the worse. :( Up to this point the FDA has never given the slightest hint of anything positive toward our e-cigs.

What boggles my mind the most DC2 is how many people here on ECF don't take seriously what kind of negative impact the Deeming order and regulations can have on our vaping world.
 

HarmonyPB

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Somewhat mind-boggling, isn't it?

I think there are a number of factors involved here...
--Not enough exposure to what is going on in the General E-Smoking Discussion
--Not enough exposure to what is going on in the New Members Forum
--People are waiting to see what the "deeming" regulations are before acting
--People are working behind the scenes but not posting

As for that last item, I have been very happy to find that long-time vapers are indeed acting but not posting.
There are many informed vapers who read these sections but don't really post.

It does help to see posts though, because if you think nobody cares or is paying attention, it can be hard to remain motivated.

I can only speak for myself, but I didn't understand much of the article until I read DC2's explanation. Thanks for that! And thank you Huntsvappin for asking the questions.

I'm simple and all those legal terms mean nothing to me :confused: I tried to read the FSPTCA and wow! I didn't get very far.
After having it explained I realize that it is a major deal and I will be following it closely.
 

DC2

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What boggles my mind the most DC2 is how many people here on ECF don't take seriously what kind of negative impact the Deeming order and regulations can have on our vaping world.
Really? There are people who know about the deeming regulations and don't take them seriously?
They must be people who DIY, and figure they can smuggle in juice, and don't care about anyone else.
 

frosting

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Another one? Come ON! I'm so sick of this. I'm an adult. Alcohol is peaches, but god help me if I want better health and would rather vape than smoke with my beer. Okay. At least I have time to write, proofread, cut, edit some actual letters this go around to particular senators, representatives, and of course our lovely corrupt FDA.
 

DontBurnIt

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Something I think about is some bad occurrences of children drinking e-liquid and dying. The tobacco companies would love for that to happen.

We are in a pretty disadvantaged position on this. Americans don't give a squat about what doesn't affect them personally. That means all the vapers could make all the noise in the world and no one would give a R-A.

The only thing I can think of is for each individual to start promoting their own cause - tell everyone you know why you vape, what good it's done for you, and why you deserve FDA oversight far less than Wall Street bankers deserve SEC oversight(of which there is none now). ;)

Also, it would be a good idea to join other activist organizations(for other causes). There's some strength in numbers.

For me, I keep up with members of Occupy, Public Citizen, and a few radical revolutionaries. You can learn how to organize, generate PR, etc. Plus, they're sympathetic to all causes of freedom, and well aware of corporate/political corruption.

TORCHES AND PITCHFORKS ANYONE ???
 
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Fiamma

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We've known this was coming, it just looks like we're finally to the point that we will know for certain within the next three months exactly how the FDA proposes to handle our ecigs.

We can still hope for the best, but reality tells me we'd better prepare for the worse. :( Up to this point the FDA has never given the slightest hint of anything positive toward our e-cigs.

What boggles my mind the most DC2 is how many people here on ECF don't take seriously what kind of negative impact the Deeming order and regulations can have on our vaping world.

I am in total agreement with your views. A lot of the new vapers are grossly concerned with their new toys, finding the right stuff and learning how to succeed, and are just not aware of the other parts of the forum where legislative agendas and media appear. In the main section our items get swallowed up by the sheer numbers of other posts. New vapers may necessarily have a much more narrow view of vaping in the beginning due to the novelty of vaping, the complexity of all the gear choices, the sheer numbers of posts in the forum and a need to get themselves safely on the vaping path, and I doubt seriously that many think this can all come to a crashing halt. They need to wake up and smell the coffee.

Some of us have been beating the drum for some time but few new vapers seem to listen. Very few know the history of CASAA, what has happened before, how many times we've fought the beast in various locations.

The anti smoking ideologues changed practice on us recently and started using a more 'grass roots type movement' by going to the health departments in counties, states et al to get new bans in local areas from which to build on. That type of activity puts us in a reactive mode rather than a proactive mode. It's hard to keep track of all the activity going on in the local areas. We generally don't find out about them until they are up for vote, have been voted on, or hit a news outlet that comes to our attention. This reminds me of the whack a mole game, you whack one somewhere and 3 more pop up elsewhere.

HOW do we get new vapers attention?

Really? There are people who know about the deeming regulations and don't take them seriously?
They must be people who DIY, and figure they can smuggle in juice, and don't care about anyone else.

DC2 I am most often in accord with your views, but I think your DIY statement is divisive and we need all the troops out front now.

We have, in print, in the ECF, stated what the probable outcomes may be, who is behind most of it, what we can do to try to change that, and nothing much seems to have any effect on the mass of forum members. I go to CASAA meetings and there are less than 40 people most meetings. This is no way to win a war.

I have also been very public about my stockpiling of atties, cartos, nic etc in fear of the outcome, but that DOES NOT MEAN I have quit working for what we all want, the FDA to get off our backs. I read extensively on the net daily to see what is happening, I write letters and talk to locals, I try to help new vapers and I am still committed to the cause. The largest change has been to move a lot of my effort to the video chat vaping programs to try to help new vapers there and educate them about the realities of what may be coming and solicit enlistments to the cause we all believe in. They seem to have more interest in that venue, for some reason, than here on ECF in the forum new member and general areas. Perhaps because the venues are smaller with less distractions.

I ask the same question as before, HOW do we get new vapers to realize how much jeopardy we are all in and how fast we can be denied our right to vape and be healthier individuals. HOW do we get them motivated and get them to become vocal vapers where it counts.
 
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Sonso

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I am a fairly new comer to the vaping community and have posted my comment on the FDA site. I think something that might help would be to let people know that even if they feel overwhelmed by the suggested way to comment that it's okay to tell their story in simple terms. If you don't cover everything suggested it's okay. A few sentences of your success with electronic cigarettes still counts. Realize that some folks may not even know how to determine word count or to attach a file. Anyway just an idea to get people involved in commenting. And post more about this on the Newcomers forums. The message at the top of the screen in the yellow sections barely caught my attention.
 

Fiamma

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I am a fairly new comer to the vaping community and have posted my comment on the FDA site. I think something that might help would be to let people know that even if they feel overwhelmed by the suggested way to comment that it's okay to tell their story in simple terms. If you don't cover everything suggested it's okay. A few sentences of your success with electronic cigarettes still counts. Realize that some folks may not even know how to determine word count or to attach a file. Anyway just an idea to get people involved in commenting. And post more about this on the Newcomers forums. The message at the top of the screen in the yellow sections barely caught my attention.

Sadly only new members may start topics in the new member area. We are unable to do anything but answer posts.

Every topic in the Legislative and media forum is posted in the general area, they just get swallowed up by the sheer mass of posts a day.
 

Petrodus

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I am a fairly new comer to the vaping community and have posted my comment on the FDA site. I think something that might help would be to let people know that even if they feel overwhelmed by the suggested way to comment that it's okay to tell their story in simple terms. If you don't cover everything suggested it's okay. A few sentences of your success with electronic cigarettes still counts. Realize that some folks may not even know how to determine word count or to attach a file. Anyway just an idea to get people involved in commenting. And post more about this on the Newcomers forums. The message at the top of the screen in the yellow sections barely caught my attention.
TRUE ...
You would think the message would be more emphasized as well as have
in capital letters CLICK HERE so members don't have to go on a scavenger hunt
dragging their mouse pointer over the sentence in order to find out if there is
any word or phrase that is linked.
 

DC2

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I ask the same question as before, HOW do we get new vapers to realize how much jeopardy we are all in and how fast we can be denied our right to vape and be healthier individuals. HOW do we get them motivated and get them to become vocal vapers where it counts.
I know I've tried absolutely every idea I could come up with, and none have really worked.

Although I think my Contest for Awareness MIGHT have gotten a few people involved, or at least more aware.
I would have kept doing it, but I was running out of ideas for questions.

And too many people were trying to cheat.
:(
 
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