Uncle Willie inquired:
What is the likely out come if it's "deemed" .. ?? Should we consider stocking up on liquid with nic .. ?? What is an expected timeframe .. ??
I not only think it wise for folks to begin stocking up on e-liquid and perhaps other e-cigarette products that the FDA might ban or unjustifiably regulate, but I suspect that sales of e-liquid will skyrocket in the US this year, especially if/when the FDA formally proposes a deeming regulation for unregulated tobacco products (as the agency claims it plans to do).
If/when the FDA formally proposes the deeming regulation, the FDA will have to include (in the deeming regulation) specific definitions for all of the currently unregulated tobacco products, including e-cigarettes, which will at least let the public know what specific e-cigarette products the FDA is proposing to regulate just e-liquid and cartridges with e-liquid, or if the FDA also proposes regulation e-cigarettes hardware, electronics, batteries, etc.
It appears that the FDA may also be planning to propose additional regulations for currently unregulated tobacco products (beyond what a deeming regulation for Chapter IX would require), perhaps including banning sales of unregulated tobacco to minors, banning various flavorings in various unregulated tobacco products, restricting the amount/concentration of nicotine in e-cigs and e-liquid, etc.
But it is unknown if the FDA plans to include any additional regulations along with the actual deeming regulation (as every additional regulation the agency proposes will generate additional opposition from those who are negatively impacted). The political reality is that the White House simply won't allow the FDA to propose a contraversial regulation that pisses off tens of millions of undecided voters several months before the November election. The White House would tell FDA either water down the proposed regulations, or wait until after the election before proposing them (the latter of which has been my goal, and may end up being reality).
If/when the agency officially proposes the deeming regulation (with or without additional regs), the agency has already stated that there would be a public comment period (which could be 45, 60, 90 or 120 days, and could also be extended further by the agency).
After the public comment period ends, it would likely take the agency at least another several months (probably at least 6 months) before they could issue a Final Rule. So the FDA won't be regulating e-cigarettes before 2013.
For the past year, my goal has been to prevent the FDA from formally proposing a deeming regulation for e-cigs by exposing the many negative ramifications Chapter IX of the FSPTCA would have on the e-cigarette industry (e.g. Section 910 would effectively ban e-cig sales).
But if/when the FDA formally proposes a deeming regulation for e-cigarettes, my next goal will be to prevent the FDA from ever issuing a Final Rule for those regulations and/or to at least amend the proposed regulations to remove regulations that would ban and/or unjustifiably restrict/regulate e-cigarettes.
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