Most higher ups don't read for themselves, but I don't know in this case - that is kind of why I asked - I would bet they have high confidence in their abilities and feel skimming is enough...
FDA FDA response to lawsuits.
- Thread starter skoony
- Start date
- th_trl_thread_readers 0
- Status
Most higher ups don't read for themselves, but I don't know in this case - that is kind of why I asked - I would bet they have high confidence in their abilities and feel skimming is enough...
If you're right, it's really sad that they can't be bothered to read a document that will effect thousands of people and could cost countless dollars.
You mean how our Congressmen read all the bills that come before them?
In this case, I don't know that the judge HAS to read all 499 pages, though she might. What she will definitely read is whatever sections the plaintiffs and defendants specifically reference. The plaintiff's have brought forth issues with specific portions of the regulations, it's not her job to go searching for more. At least I don't think that's the way it works.
It just seems she needs to capture the entire thought process to make a proper ruling. Hopefully everything referenced, if that is what she will read, does that...
I know, I know - it is just the wait and seeing on our end that is hard...
Their powers under the Tobacco Control Act don't extend to criminalizing non-commercial individual behavior.
I was just wondering, has the FDA actually done anything yet towards vape stores or manufactures or even contacted anyone, or is everyone operating under the fear that they can do something?
You mean Cliff's Notes? Just guessing, but I bet she reads all of it. Unlike a certain former Speaker of the House.
Its time again to look at the FDA OCI, and their personnel sources and objectives ...
Who are the OCI Special Agents
What OCI Investigates
An excerpt from the second link ...
The question wasn't can they do anything, I was just wondering if they have acted as of yet.
Unless they catch somebody selling to minors, they say their usual practice will be to first just issue a warning letter. So it will be a while before much happens.
Remember that so far, only a few provisions have actually gone into effect, and really only the age restriction and health claims are readily enforceable. Well, depending on how they plan to enforce the "no new products" bit. I think that takes awhile though.
I kind of wonder about that myself - there are so many new products released every year from all kinds of venues - are all policed?
Vaping is a very different animal than anything they've regulated before. They're used to dealing with big tobacco manufacturers who for the most part play ball according to their rules, it's easy to see if Reynolds releases a new product. If "AJ's customs" releases a new mod, in a limited run, that's only available one place, they MAY not even notice. Even for shops mixing their own liquid, technically right now they shouldn't be making new products, but they haven't had to submit their product lists yet, they aren't even required to be registered as manufacturers yet. So, who knows?
I can't for the life of me find the publication where congress defined a tobacco product.
The FDA response to the lawsuit was just a rewrite of why they think they're right.
I still feel like we could argue the point of our products not being created from tobacco. During this venture I've learned more about government and legal system than I ever did in school trying to understand all of this.
Really I'm commenting to subscribe to the thread.
The FDA response to the lawsuit was just a rewrite of why they think they're right.
I still feel like we could argue the point of our products not being created from tobacco. During this venture I've learned more about government and legal system than I ever did in school trying to understand all of this.
Really I'm commenting to subscribe to the thread.
The one from Congress - the Family Smoking Prevention and Tobacco Control Act (FSPTCA or TCA) is here:
Frequently Asked Questions on the Passage of the Family Smoking Prevention and Tobacco Control Act (FSPTCA) Updated October, 2010
What products are considered to be tobacco products as defined by the Tobacco Control Act?
The term “tobacco product” means any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product. This includes, among other products, cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco.
What products are not considered to be tobacco products as defined by the Tobacco Control Act?
The term “tobacco product” does not apply to raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product. Nor does it mean something that is defined as a drug, device, or combination product under the Federal Food, Drug, and Cosmetic Act.
However, the FDA deeming has 'deemed' it differently than Congress where 'made or derived from tobacco' is no longer applicable (except in the sections on labeling where some 'range' is allowed). Instead anything that is 'intended for human consumption' - the use of component parts, are now 'tobacco products'.
Some lawsuits are addressing this disparity from what Congress wrote and intended, vs. how the FDA wants to redefine in order to affect electronic cigarettes.
https://brvliquids.com/wp-content/uploads/2016/06/R2B-Complaint.pdf
Count Six pg. 32
112. Under the TCA, the term “tobacco product” is defined to mean, in part, “any
product made or derived from tobacco that is intended for human consumption, including any
component, part, or accessory of a tobacco product.” 21 U.S.C. § 321(rr).
113. In the Deeming Rule, FDA defines “component or part” as “any software or
assembly of materials intended or reasonably expected: (1) To alter or affect the tobacco
product’s performance, composition, constituents, or characteristics; or (2) To be used with or
for the human consumption of a tobacco product.” 21 U.S.C. § 1100.3. Components and parts
are subject to regulation under the Deeming Rule. 81 Fed. Reg. at 28,975.
- Status
Similar threads
- Locked
- Locked
