FDA reiterates intent to propose "deeming" regulation for e-cigs and other unregulated tobacco products

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Insignificance

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Jan 14, 2013
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We should be pushing the idea that at worst, non-approved ecigs should be treated like herbal supplements that cannot make health claims. Go ahead and keep the health claim people in a regulated category.

One of the ironies is that you can walk into a health food store and peruse stuff like Valerian Root and they will put claims right on the bottle.....they just have a small asterisk next to it and you have to read through the fine print to see that "this claim has not been evaluated by the Food And Drug Administration." I have a bottle of Melatonin that I take on occasion to help with sleep....it works, and right on the front of the bottle is the claim that the pill I'm taking "supports restful sleep." Why the FDA has not gone after supplements is beyond me given how zealous they are about other stuff.
 

Petrodus

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One of the ironies is that you can walk into a health food store and peruse stuff like Valerian Root and they will put claims right on the bottle.....they just have a small asterisk next to it and you have to read through the fine print to see that "this claim has not been evaluated by the Food And Drug Administration." I have a bottle of Melatonin that I take on occasion to help with sleep....it works, and right on the front of the bottle is the claim that the pill I'm taking "supports restful sleep." Why the FDA has not gone after supplements is beyond me given how zealous they are about other stuff.
Oh ...
The FDA will come after ANYONE selling and or distributing ANYTHING
that makes a health claim benefit.

The FDA has a blanket censorship on ALL "health claim benefits"
Only FDA Approved drugs are permitted to claim health benefits.
 

DC2

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One of the ironies is that you can walk into a health food store and peruse stuff like Valerian Root and they will put claims right on the bottle.....they just have a small asterisk next to it and you have to read through the fine print to see that "this claim has not been evaluated by the Food And Drug Administration." I have a bottle of Melatonin that I take on occasion to help with sleep....it works, and right on the front of the bottle is the claim that the pill I'm taking "supports restful sleep." Why the FDA has not gone after supplements is beyond me given how zealous they are about other stuff.
That's why I started this thread...
http://www.e-cigarette-forum.com/fo...icotine-herbal-tincture-avoid-regulation.html
 

FloridaNoob

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Honestly I think we will be fine. I hate what they might do in their regulations. However, eliquid and PV will still be available. The only thing is simple work arounds. The equipment does not have to be sold for use with nic, thus not regulated by the FDA. The eliquid can be sold w/o flavoring and flavoring could be sold as a supplement to your eliquid. Just like they sell flavoring you can add to analogs today. The other way around it is to sell non-flavored nic eliquid, and flavored non-nic eliquid. Buyer could mix their own.

The only real issue would be if the restricted the nic content in the eliquid. Then you would have to find a way to get the right concentration you need elsewhere.
 

pesok

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so the worst case scenario is FDA says E-Cigs are tobacco product and falls under same restrictions. Sure that will stifle innovations to some degree but all e-cig supplies including e-liquids and nicotine bases will still be available for order from abroad - same way you can easily, cheaply and legally(as long as for personal use) order analogs and cigars online from Asia and Europe. And supplies such as syringes, needles, PG/VG will still be available everywhere even in your local pharmacy. I had one panicking(sky is falling type) ECF member tell me that if FDA does their worst - thats the end of E-Cigs - it will not be, so no need for the extreme panic that i noticed from some US ECF members. Having said that it is very important that we fight for our right to vape by educating people and we need research that proves that vapor is not even close to being as harmful as smoke. We all seen the media reports that portray e-cigs as a new type of analogs with the same dangers - it baffles me when "respected" reporters spew "facts" that are easily disproven if only they have bothered to google the subject. As a vaper each one of us needs to do their part in educating the public even if its just telling curious people what is it that you "smoking". I have fully converted 6 smokers so far, and i make sure to explain to the best of my abilities to everyone that asks me about it in public, more people know what vaping really is - better our chances are at convincing FDA
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
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pesok wrote

so the worst case scenario is FDA says E-Cigs are tobacco product and falls under same restrictions. Sure that will stifle innovations to some degree but all e-cig supplies including e-liquids and nicotine bases will still be available for order from abroad - same way you can easily, cheaply and legally(as long as for personal use) order analogs and cigars online from Asia and Europe.

That's like saying alcohol prohibition during the 1920's, pot prohibition since the 1930's, and gambling prohibitions posed very little if any problems for drinkers, pot smokers or gamblers. Tell that to those who were imprisoned, lost their jobs, had their children taken away from them, and/or were injured and killed in battles with rival criminal gangs and law enforcers.

The deeming regulation would effectively ban all e-cigarette products, could ban all e-cig ads on ECF (which could doom ECF), and would turn e-cigarettes (and e-liquid) into banned substances, with huge federal fines and potentially imprisonment for violators.
 
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Petrodus

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That's like saying alcohol prohibition during the 1920's, pot prohibition since the 1930's, and gambling prohibitions posed very little if any problems for drinkers, pot smokers or gamblers. Tell that to those who were imprisoned, lost their jobs, had their children taken away from them, and/or were injured and killed in battles with rival criminal gangs and law enforcers.

The deeming regulation would effectively ban all e-cigarette products, could ban all e-cig ads on ECF (which could doom ECF), and would turn e-cigarettes (and e-liquid) into banned substances, with huge federal fines and potentially imprisonment for violators.
1-Shock.jpg
 

Vocalek

CASAA Activist
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That's like saying alcohol prohibition during the 1920's, pot prohibition since the 1930's, and gambling prohibitions posed very little if any problems for drinkers, pot smokers or gamblers. Tell that to those who were imprisoned, lost their jobs, had their children taken away from them, and/or were injured and killed in battles with rival criminal gangs and law enforcers.

The deeming regulation would effectively ban all e-cigarette products, could ban all e-cig ads on ECF (which could doom ECF), and would turn e-cigarettes (and e-liquid) into banned substances, with huge federal fines and potentially imprisonment for violators.

Another problem with the "we will find a way to get our e-cigarettes" attitude is that it leaves continuing smokers out in the cold.

As long as some brands are available at the corner gas station and the 7-11, new users will come on board. But strict restrictions could make the products largely invisible to the general public, which means many more millions continuing to smoke.
 

Koman

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so the worst case scenario is FDA says E-Cigs are tobacco product and falls under same restrictions. Sure that will stifle innovations to some degree but all e-cig supplies including e-liquids and nicotine bases will still be available for order from abroad - same way you can easily, cheaply and legally(as long as for personal use) order analogs and cigars online from Asia and Europe. And supplies such as syringes, needles, PG/VG will still be available everywhere even in your local pharmacy. I had one panicking(sky is falling type) ECF member tell me that if FDA does their worst - thats the end of E-Cigs - it will not be, so no need for the extreme panic that i noticed from some US ECF members. Having said that it is very important that we fight for our right to vape by educating people and we need research that proves that vapor is not even close to being as harmful as smoke. We all seen the media reports that portray e-cigs as a new type of analogs with the same dangers - it baffles me when "respected" reporters spew "facts" that are easily disproven if only they have bothered to google the subject. As a vaper each one of us needs to do their part in educating the public even if its just telling curious people what is it that you "smoking". I have fully converted 6 smokers so far, and i make sure to explain to the best of my abilities to everyone that asks me about it in public, more people know what vaping really is - better our chances are at convincing FDA

I doubt that will happen!
 

FloridaNoob

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That's like saying alcohol prohibition during the 1920's, pot prohibition since the 1930's, and gambling prohibitions posed very little if any problems for drinkers, pot smokers or gamblers. Tell that to those who were imprisoned, lost their jobs, had their children taken away from them, and/or were injured and killed in battles with rival criminal gangs and law enforcers.

The deeming regulation would effectively ban all e-cigarette products, could ban all e-cig ads on ECF (which could doom ECF), and would turn e-cigarettes (and e-liquid) into banned substances, with huge federal fines and potentially imprisonment for violators.

Bill, the law says they can't ban them. We both know that. They can reduce the nic content, and forbid flavors, but they cannot ban any tobacco product thru deeming regulation. That is black and white in the law.
 

sonicdsl

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Bill, the law says they can't ban them. We both know that. They can reduce the nic content, and forbid flavors, but they cannot ban any tobacco product thru deeming regulation. That is black and white in the law.

He meant (I'm sure, based on past responses from him & Elaine & Kristin) effectively ban, as in they might as well, even though they won't. Basically, the theory is that the FDA will use the part of the law pertaining to the 2007 grandfather clause. This means all units on the market prior to that date are grandfathered and safe to sell, but anything marketed after that date is banned until documented, reviewed and approved, etc.

All the units on the market were pre-eGo styles, basically cigalikes. So...might as well ban 'em.
 
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