FDA Proposed regulation is available

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Nate760

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3) pp.6-7 and p.11 make it clear that virtually every single piece of equipment currently used by non-cigalikes is a tobacco product, with the sole exception (probably) of generic batteries. That means coils, cartos, MODs (APVs and mech), and on and on. Even a lousy drip tip will be considered a "tobacco product" that can only be sold to adults, much as cigarette papers are today. Mind you, the FDA could theoretically regulate a 18650 battery under the deeming rule, but as a practical matter it's not going to do that since that would likely interfere with other uses. But there are no other uses for Provaris or even a humble ego spinner. They are deemed tobacco products under the proposed rule, and therefore must pass all the tests described in item #1 above.


This can't happen unless the FDA's regulatory mandate is changed to include non-medical electrical/mechanical devices. If they try to do this, they'll get laughed out of the courtroom.
 

Jman8

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Fascinating how vapers can interpret this proposal in diametrically opposed directions.

As I see glass half full, and as I'm a betting person, I'll take wagers with anyone who wishes to go on record and say that vaping industry will be gone / decimated / kaput within the next 5 years.

Also willing to bet that no one will make a substantial / real bet on the above wager. Though this second one is rhetorical cause I'm not about to let fear mongers hedge their bets.
 
Fascinating how vapers can interpret this proposal in diametrically opposed directions.

As I see glass half full, and as I'm a betting person, I'll take wagers with anyone who wishes to go on record and say that vaping industry will be gone / decimated / kaput within the next 5 years.

Unclear, a bit...do you mean you want to bet that it WILL be gone in 5 years or that it WON'T?

If you're on the will be gone side, I'll take it as a gentlemen's bet based on your honor (which I consider far more valuable than mere money). I'm betting it'll still exist--on a different trajectory than today, and I have little doubt the detractors and fearmongers will blame that at least in part on today's regulations. But I contend it would have been on a different trajectory in five years anyway, regardless of today's events.

The advanced PV will still exist, but we'll find the primary market dominated by 510-thread, very simple devices a la the eGo. The non-hobbyist will demand simplicity and a topper that isn't a hassle. Production will shift accordingly as the number of vapers increases.

If you're on the won't be gone side, I agree with you and we can't, therefore, bet on it. :)
 

BostonVape

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And survive a lawsuit? No. Just like a science paper that's referencing lots of earlier papers, this one is nodding to and including lots of previous law.

Most notably that 2009 tobacco control act, which is where the 2007 date comes from for the regulations (it's not chosen to kill the industry, it's required by current law established before vaping was on the radar). But if you didn't know that, the date would be quite opaque to you.

I never said it was chosen to kill the industry nor did I say I didn't know about the 2009 tobacco control act was.. Your point is quite opaque.
 

Jman8

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Unclear, a bit...do you mean you want to bet that it WILL be gone in 5 years or that it WON'T?

If you're on the will be gone side, I'll take it as a gentlemen's bet based on your honor (which I consider far more valuable than mere money). I'm betting it'll still exist--on a different trajectory than today, and I have little doubt the detractors and fearmongers will blame that at least in part on today's regulations. But I contend it would have been on a different trajectory in five years anyway, regardless of today's events.

The advanced PV will still exist, but we'll find the primary market dominated by 510-thread, very simple devices a la the eGo. The non-hobbyist will demand simplicity and a topper that isn't a hassle. Production will shift accordingly as the number of vapers increases.

If you're on the won't be gone side, I agree with you and we can't, therefore, bet on it. :)

Aw shucks! We can't bet on it.

How about another gentleman's bet. I say the industry will be bigger / thriving more than it is today, exactly 5 years from now. Today, we are talking about an industry that brings in (let's just round it off to) 5 billion dollars. I believe 5 years from now, the same industry will be grossing 15 billion dollars, or triple its take in 2014. You can have the side of the equation that says it'll remain about the same, so anything 10 billion dollars or less at end of 5 years, and you win (even while it would technically double). And anything between 10 to 14 billion, and we'll call it a push. Sound good?
 
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This can't happen unless the FDA's regulatory mandate is changed to include non-medical electrical/mechanical devices. If they try to do this, they'll get laughed out of the courtroom.

You mean like a cartridge? See p.7. I don't know where you're getting the "electrical/mechanical" distinction.

Cigarette papers are considered tobacco products, so are those RYO tubes and so frth. This is "component" jurisdiction under section 201(rr): Questions & Answers

An ego spinner is a component, so is a mech mod or a carto etc. Or a drip tip for that matter.
 
Aw shucks! We can't bet on it.

How about another gentleman's bet. I say the industry will be bigger / thriving more than it is today, exactly 5 years from now. Today, we are talking about an industry that brings in (let's just round it off to) 5 billion dollars. I believe 5 years from now, the same industry will be grossing 15 billion dollars, or triple its take in 2014. You can have the side of the equation that says it'll remain about the same, so anything 10 billion dollars or less at end of 5 years, and you win (even while it would technically double). And anything between 10 to 14 billion, and we'll call it a push. Sound good?

No bet, because I happen to agree with you. I just think the primary growth will be in the more basic models than in the advanced PVs like the VAMO and whatnot. Which is not to say that there won't be a thriving niche market, there will be.

I expect, over the short to middling term, that it'll resemble an exponential curve. Although technically it's an S curve as the top out should be at around 18% of the population--the part that currently smokes. But right now we're nowhere near the knee.
 
My brain hurts... I'm gonna go play Doom and bloody some "people."

PS: Might be OT but I don't think so. :oops:

Play "It's The End Of The World As We Know It" whilst playing. I'm sure others can suggest plenty of other disaster-related music for your Doom-ing pleasure.
 

pamdis

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Roger,

I'm confused by your assertion... from the way i read the paper:

manufacturers have 2 years to file

products can stay on the market while they are being reviewed

manufacturers can continue to release new products during that 2 year window

My reading of it is that manufacturers will have 2 years to submit an application and their products can stay on the market while the application is being reviewed.

I don't believe any new products can be introduced after the rule is final without an application submitted and approved first. EDIT: Re-read the regs and you can still introduce new products in the first 2 years as long as you also submit an application and continue to keep selling until the application is reviewed. After 2 years, no new product can be put on the market without an approved application.

Have you seen the requirements for a new product application? None have ever been approved yet.

People are saying these regulations are good news because they didn't see any outright ban in the document, but the ban is this: Submit an application, we'll never approve it, de facto ban.
 
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ouzel

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wait... Vape Shops would be bared from letting people try eliquids?!?!

...?!

That's the main reason I buy liquids from shops vs the internet

maybe shops can do a 25 cent membership deal when you walk in: members are allowed to test liquids. so they're not giving it away, you're paying for a service.
maybe?
 
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