FDA may soon propose regulation that could ban many/most e-cigarette products, eliminate many/most companies

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wfx

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Currently, the TVECA is the only media-recognized e-cigarette industry organization and they are made up mostly of mass-market companies, so they will only fight for their business model (pre-filled, tobacco-flavored carts.) Unless the companies that sell refillable models, liquids, mods, and flavors either organize themselves and follow standards expected by the consumers or join the TVECA in order to have influence on TVECA policy to support their business model, they will find themselves soon regulated out of the market.

i'm very concerned about this also. based on a trial of some early low end products i dismissed vaping a couple of years ago .. and i'm sure i'm not the only one. we need the DIY/mod vendors to step up on standards and labeling. and continue pushing the envelope on the technology itself. mass marketers are flooding the market with cheap equipment. with no viable alternative that makes too easy a target for overzealous regulation.
 

sqirl1

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That's debatable. It will be up to the legal experts to sort it all out.

Read The Bill: H.R. 1256 [111th] - GovTrack.us

Read The Bill: H.R. 1256 [111th] - GovTrack.us

If the law was meant to apply to all tobacco products, why were some specifically named? Cigars have been around longer than most of the named products. Why were cigars not mentioned?

Here is the portion that Judge Leon referenced when recommending that FDA regulate e-cigs under the tobacco act.

Read The Bill: H.R. 1256 [111th] - GovTrack.us

http://www.casaa.org/files/SE-vs-FDA-Opinion.pdf

So it was one of the plaintiffs that asserted that their products are a tobacco product. Judge Leon took that argument and explored it, finding wording in the Tobacco Act to support the plaintiff's assertion.

I basically thought that what it boiled down to was that this law already PROVIDED regulations for cigarette tobacco and smokeless tobacco, but the FDA can create regulations for other tobacco products too I mean it's pretty clear:

‘(b) Applicability- This chapter shall apply to all cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco and to any other tobacco products that the Secretary by regulation deems to be subject to this chapter.

to say the FDA can't regulate currently unregulated tobacco products under this law just wouldn't hold up.
 

Brewlady

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I just found this form letter on the American Lung Association's website.

https://secure3.convio.net/ala/site/Advocacy?cmd=display&page=UserAction&id=5407

No Exemptions for E-cigarettes!

Dear [Decision Maker],

Tell your lawmaker to protect Wisconsin's smoke-free law!

Pandora's box, the proverbial "can of worms"... however you look at it, it's wrong. As a supporter of Wisconsin's successful statewide smoke-free air law, I'm writing to ask that you oppose a measure being circulated by Senator Glenn Grothman (R-West Bend) exempting electronic cigarettes from the law.

Wisconsin's smoke-free law is working; hospitality workers' health is improving and over 75% of the public -- including many smokers -- supports the law. Creating a special exemption now risks opening up this long-fought for and extremely popular law.

No such evidence exists that e-cigarettes can help smokers quit; they are not approved by the FDA as smoking cessation devices. In addition, allowing e-cigarettes inside bars and restaurants would likely create an enforcement headache for business owners trying to comply with the law. Checking who is lighting-up an electronic cigarette versus an actual cigarette throughout your bar would be burdensome and create confusion among the patrons and the public.

Wisconsin waited a long time to be smoke-free and now that it's here there is no reason to go backward and risk weakening this important law. I know I don't want to wonder what chemicals are inside the vapor of someone's e-cigarette.
.
Please oppose this exemption and protect our popular and effective comprehensive statewide smoke-free air law as is.
I look forward to your reply.


Sincerely,
[Your Name]
[Your Address]
[City, State ZIP]

I left a comment on the American Lung Association's Facebook page, stating why I would never donate to this organization. Not sure how long it will be on the page before they delete it...


As an advocate of harm reduction, I could never, in good conscience, donate a penny to an organization that refuses to acknowledge that reduced harm alternatives like Swedish snus and vaporized nicotine are safer than burning tobacco. These products are exponentially safer than traditional methods of nicotine delivery, and have saved countless lives. I do not condone the sale of these products to children, however, as an adult who tried repeatedly to quit smoking without success, I am one of thousands of Americans who are healthier because of electronic cigarettes. I do agree that people should never start to smoke, and some smokers are able to quit. But for those people who are unable to quit with traditional nicotine replacement therapy, the option of using an alternative that is exponentially safer should be embraced by this organization. I find it unconscionable that every day, smokers are continuing to smoke rather than seek out a safer way of using nicotine because organizations like the ALA refuse to acknowledge the truth, these products work.

Your own web site contains a form letter entitled "No exemptions for E-Cigarettes!" There are literally thousands of people, including me, who have quit smoking tobacco because of electronic cigarettes, yet your letter says "No such evidence exists that e-cigarettes can help smokers quit; they are not approved by the FDA as smoking cessation devices." Have you taken the time to visit any of the forums dedicated to electronic cigarettes? Have you read any of the success stories? Has anyone in your organization ever even been in the same room with someone using this device? I would find it hard to believe that someone with any experience could make this assertion "In addition, allowing e-cigarettes inside bars and restaurants would likely create an enforcement headache for business owners trying to comply with the law. Checking who is lighting-up an electronic cigarette versus an actual cigarette throughout your bar would be burdensome and create confusion among the patrons and the public." The vapor that is created does not smell like tobacco smoke. If you were near me, you MIGHT catch a slight whiff of cinnamon. The tobacco smoker would be obvious, because when someone smokes tobacco they stink. I don't.

Tobacco cigarettes kill. Vapor does not.
 

kristin

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i'm very concerned about this also. based on a trial of some early low end products i dismissed vaping a couple of years ago .. and i'm sure i'm not the only one. we need the DIY/mod vendors to step up on standards and labeling. and continue pushing the envelope on the technology itself. mass marketers are flooding the market with cheap equipment. with no viable alternative that makes too easy a target for overzealous regulation.

I'd be willing to bet that just about every member who has been here 2 years or more first came to ECF because although the device they had was junk, they saw the promise of the product and were looking for a better device/liquid. I found ECF looking for flavors other than tobacco and found not only my Nhaler Mochaccino, but much better devices and how to use them properly. According to Google insights, the #1 search term in the US regarding e-cigarettes is "electronic cigarette review" and the #1 rising search term is "best electronic cigarette." People are looking for the best devices.
 

kristin

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I just found this form letter on the American Lung Association's website.

I'm already working on a CASAA letter for members to send Wisconsin legislators. I was aware of the proposed bill exempting e-cigarettes a couple of weeks ago and will be contacting Senator Grothman to offer CASAA's assistance in getting this passed. I'm sure he has no idea all of the opposition he will be getting and how sneaky the ANTZ are - he needs to be prepared!
 

wfx

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According to Google insights, the #1 search term in the US regarding e-cigarettes is "electronic cigarette review" and the #1 rising search term is "best electronic cigarette." People are looking for the best devices.

i hope so. else get ready for more dishonest arguments in the same vein as 'diethelyne glycol'. just worried some savvy opportunists could cripple this industry.
 

FreakyStylie

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... I know I don't want to wonder what chemicals are inside the vapor of someone's e-cigarette....
Translation: "I enjoy fighting for the sake of the fight, and do not wish to actually become educated. Nya-nya nya-hya, I can't hear you."

EDIT: Wait, that looks like I'm quoting Brewlady instead of the letter she found.
 

tmcase

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I'm already working on a CASAA letter for members to send Wisconsin legislators. I was aware of the proposed bill exempting e-cigarettes a couple of weeks ago and will be contacting Senator Grothman to offer CASAA's assistance in getting this passed. I'm sure he has no idea all of the opposition he will be getting and how sneaky the ANTZ are - he needs to be prepared!

Will you be posting that letter here so others can send it to their state legislators?
 

Miss

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I really wish they would simply just require proof of age with ecigarette devices, eliquids, and other ecig sales! It seems to boil down to freaking teenagers! Why can't they JUST SIMPLY DO THAT! And why are non-smokers and non-vapers SO AGAINST a product that only basically delivers a WATER VAPER! They are uneducated idiots who jump on the health bandwagon anytime something even looks remotely unhealthy! I'm sorry that we are not all vegan elitists with chemical free make up who compost .....! Look i don't have a problem with people who go "green" or believe in "au naturale" but when they think it's their right to impose on me what I should and shouldn't be doing, it is ridiculous! As a matter of fact,shouldn't the government be encouraging ecigarette use for long time tobacco smokers who are at great risk for cancer? Especially the go green and all natural people? Shouldn't the "go green" elitists be shouting from the roof tops how environmentally friendly ecigarettes are? The ones one say smoking is bad for you should be applauding a healthy alternative! In fact, ecigarettes probably deliver far less nicotine than some of the smokers gum and patches out there! All they have to do is regulate WHO THE SALES ARE GOING TO SUCH AS MINORS! I REALLY THINK THAT WOULD SOLVE EVERYTHING!
 
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sonicdsl

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JustTired

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I truly believe that those vapers calling for no regulation (the "wild west mentality") at all and want the industry to "sort itself out" through the open market are a definite minority.

I'd like to see something concrete that backs that up. By nature, smokers have been the rebels. We've been kicked around and treated like crap thanks to the gov't making us out to be filthy addicts ready, willing & able to infect innocent children with our disgusting habit & vile smells. One doesn't need a "wild west mentality" to want gov't to stay the hell away.

Uncle Bill (is that the right name?) is right that the industry needs to regulate itself. Or regulate its own products and the market will follow. The market WILL follow if the popular/trusted guys do it.

I don't need/want the gov't messing around. I just found vaping, and I don't need them screwing it up. They'll mess around scaring us with threats to shut things down, make certain products illegal, and in the end, they'll do no such thing. They'll levy a hefty, hefty tax, and we'll gladly pay it because they didn't take away our products. Cause that's how they roll.

I'm not a nut. Just a realist. I had to quit smoking for an upcoming surgery, and no one was allowed to tell me about e-cigs. The dr wanted me on a prescription. (no thanks). They thought right before a frightenig medical procedure I was just going to stop calming myself down with cigs. They couldnt suggest what really helped. Fortunately I remembered a friend whispering to me about ecigs. I'm not a nut, and I don't buy into conspiracy theories. But thanks to the gov't, no one could suggest the easiest alternative for me. Thanks for all your help govt! Now stay out of it. :evil:
 

Brewlady

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I'm not a nut. Just a realist. I had to quit smoking for an upcoming surgery, and no one was allowed to tell me about e-cigs. The dr wanted me on a prescription. (no thanks). They thought right before a frightenig medical procedure I was just going to stop calming myself down with cigs. They couldnt suggest what really helped. Fortunately I remembered a friend whispering to me about ecigs. I'm not a nut, and I don't buy into conspiracy theories. But thanks to the gov't, no one could suggest the easiest alternative for me. Thanks for all your help govt! Now stay out of it. :evil:

I am fortunate that I don't have any health issues. I did tell my doctor that I was able to quit smoking cigarettes because of vaping, and I gave her the tri-fold brochure from CASAA. http://www.casaa.org/files/CASAA-Ecig-TriFold-Brochure.pdf

Every vaper who has been able to stop smoking should ALWAYS carry CASAA business cards and ECF business cards. Tell your doctor, your dentist, your specialist, the receptionist. Tell anyone who will listen. Your doctor can certainly inform other patients about this innovation. Ask your doctor if you can place the brochures and/or business cards in the waiting room. I've had countless people ask me if I know what is in what I'm vaping....20 minutes in, they probably regret asking me. But I don't care, it's too important to me to dispel the lies that the ANTZ are spewing.

I've been vaping over a year, and it recently occurred to me that I was still harboring an inaccurate belief. My husband and I collect antique beer advertising, and many of the items we've purchased were originally in bars. Smoke-filled bars, that left a coating of yellowish ickiness. Nicotine stains...but how could it be the nicotine, when exhaled vapor leaves no brownish stain if you blow the vapor through a white cloth? It isn't nicotine after all, it's the tar and other crap in tobacco that's staining your walls, your belongings, your fingers. The average person thinks that nicotine causes cancer. Tobacco smoke causes cancer. Nicotine, in the relatively small doses we use, does not. We need to arm ourselves with facts, because the anti-tobacco groups have become anti-nicotine. There is a huge difference. Vaping doesn't cause harm to bystanders, any more than you will get inebriated by watching me drink a beer. The ANTZ say that e-cigs will get people to start smoking. Any idiot who spends an hour reading this forum is going to figure out that not only is this the opposite of reality, they will realize that many vapers reduce the amount of nicotine they use over time. I've seen so many ECF members post classified ads, saying that they have gradually lowered their nicotine, and are done vaping. They no longer smoke OR vape. Not everyone will, not everyone even wants to, but my point is that what I see from the ANTZ is so far from the truth that it sickens me.

That is why I can't just wait around for the government to screw this up.

That is why I am on the CASAA Board of Directors.

That is why I donate money to CASAA.

And that is why I encourage everyone here to get involved.

WE CAN MAKE A DIFFERENCE.
 

DC2

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We need to arm ourselves with facts, because the anti-tobacco groups have become anti-nicotine.
Yes indeed. They went from anti-smoking to anti-tobacco. And now they are going from anti-tobacco to anti-nicotine.

I'm not sure of the history, but I assume they went to anti-tobacco because of the relative safety and effectiveness of snus in Sweden.
And now they are going to anti-nicotine because of the relative safety and effectiveness of things like e-cigs and dissolvables.

They keep moving the target as their previous target becomes potentially attainable.
That's because their real goal is not to reach their target, but to sustain their existence.
 

DaveP

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I agree that education about ecigs is paramount. The more people know, the more they will realize that ecigs are the way off of tobacco for most people. Almost every time someone asks me about my ecig and how it works, they tell me at the end of the conversation that they have a relative who's tried to quit using pills, lozenges, and inhalers. They always say they are going to buy one for that person and I send them somewhere for an eGo and some cartos.
 

kristin

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Will you be posting that letter here so others can send it to their state legislators?

We'll be doing the usual Call to Action page at casaa.org, which will include what to say. We will definitely be looking for member support letters sent to the legislators.

This one is REALLY important, folks! If we can get a state to specifically EXEMPT e-cigarettes from being included in the definition of "smoking" and banned for indoor use, it will not only protect Wisconsin vapers from attempts to change the definition to include e-cigarettes, but will set a precedent and example for other state and local governments! It'd be HUGE, IMO!

If you are asking about the FDA situation per this thread, we are also doing a Call to action for that - I believe Elaine and Bill are working on it.
 
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dragonlover

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We'll be doing the usual Call to Action page at casaa.org, which will include what to say. We will definitely be looking for member support letters sent to the legislators.

This one is REALLY important, folks! If we can get a state to specifically EXEMPT e-cigarettes from being included in the definition of "smoking" and banned for indoor use, it will not only protect Wisconsin vapers from attempts to change the definition to include e-cigarettes, but will set a precedent and example for other state and local governments! It'd be HUGE, IMO!

If you are asking about the FDA situation per this thread, we are also doing a Call to action for that - I believe Elaine and Bill are working on it.

Kristen,
Didn't the AG of Virginia say that ecigs do not come under the definition of smoking? Could his stand be used as a precedent for other states and battles we are to have?
 
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