FDA Still Detaining & Holding E Cig Shipments

[Xenite]

Actually e-cig components can be considered paraphernalia and the law is rather gray in that area. This is why in some states you have smoke shops selling those funny looking pipes and in other states you have the DEA breaking down Tommy Chong's door for being affiliated with a company selling them.

Here in California they just voted down legalizing a certain herb. The beer industry shelled out millions to lobby against it passing. It's the same with big tobacco, they spend millions on lobbying. This was never a health issue, it's about the profit in vices and the alcohol and tobacco industry making sure you stay right where you are.

 

[JackSam]

Nicotine is a big thing with FDA.
It will be more so in the future (I predict).
The equipment however seems out of their hands, yet they've taken it on. Equipment doesn't have chemicals. Thus the FDA shouldn't be able to touch it, but they are.
It may inspire some US manufacturers (or at least assemblers) to start up. You know. Buy the battery innards separately and assemble?. That could be the only good thing to come from all of this. Yes, equipment prices will rise, but that is a minimal cost to vaping.
It's going to be the juice, and specifically the nicotine where the big fight will happen, as well as the ability to vape in public.

pig

I read up a bit more and it's unfortunately not the case, if the cigarette is considered a nicotine delivery device then the equipment falls under medical devices without a doubt.

If the ecigarette is considered a tobacco product the equipment is considered tobacco accessories or all the equipment combined could be construed as a tobacco product. I didn't clearly understand the law here, it wasn't clear if for instance a tobacco pipe was under their regulation or a cigar even. However the possibility is there that they have ability to regulate the equipment as well. Basically they're asserting their power and seeing what sticks.

 

[JackSam]

Actually e-cig components can be considered paraphernalia and the law is rather gray in that area. This is why in some states you have smoke shops selling those funny looking pipes and in other states you have the DEA breaking down Tommy Chong's door for being affiliated with a company selling them.

DEA is a federal agency with nation wide jurisdiction and follows federal laws.
States or even counties are the ones who are determining what's legal or not in terms of the sale of tobacco smoking products.

 

[earthpig]

JackSam
I can go to any tobacco shop and buy a pipe. It is not restricted. It can or cannot be used for nicotine OR tobacco.
Likewise these devices can be used with 0mg nic and just flavors.
Granted e-cigs generally are not used without nicotine, but the same can be said for pipes.
Granted, the FDA is seeing how far they can take things. Judge Leon seems to have it together and saw through the NRT argument. Hopefully common sense continues, (which is a rarity in gov't and gov't agencies).

So We Fight Corruption at all levels..We Pray (some do, anyways)!

 

[DC2]

You think that if anybody really cared enough to want to, they wouldn't get rid of those pipes?
REGION: Raided smoke shops back in business

Nobody with power or money gives a damn about people selling illegal paraphernalia, that is why it isn't a good analogy.
But people with a lot of power and money don't want our electronic cigarettes on the market.

 

[Enigma32]

The only thing that I can't figure out is there are a LOT of drugs, "All Natural", foods and other things sold in stores and TV that state "Not FDA approved" on their labels and adds. Why? Why do they state that, should they be approved or need approval? If not, then why pick on us. And it seems that a lot of items that are approved can kill you and cause more harm than non approved stuff.

The Dietary Supplement and Health Education Act of 1994 (DSHEA)

Basically, if the supplement occurs in common foods you can pill it provided you include the standard "not intended to treat, diagnose, or cure any ailment" line.

after a decade of contaminated chinese crap that was kililng you while being sold for any ailment under the sun (while contradicting it with a disclaimer) they're finally crackign down on that.

The FDA are ......ed.

 

[BadHabit]

I think Chinese companies should license their technology and help Americans set up e-cig manufacturing plants in the U.S. Then the FDA cannot use customs to block shipments. Chinese companies can provide equipment (tools, dies, molds) and know how and receive royalties. It would also create jobs for Americans and consumers can be assured of safer products.

 

[earthpig]

"MADE IN USA" , meaning many times, "Assembled in USA" only requires that the parts be shipped here and assembled. No dies, molds. Just nimble fingers and a big magnifying glass, soldering iron and a big hammer (or not).
It would drive the cost up, but Sven and Olie , here, in the Great White North,,, you know, Gods Country, would be up to the task.
Dem Der Sveeds and Fins have da big club hands doh, n it could be an issue,,,eh? Yah Hey Der!

Hog it!

 

[BadHabit]

"MADE IN USA" , meaning many times, "Assembled in USA" only requires that the parts be shipped here and assembled. No dies, molds. Just nimble fingers and a big magnifying glass, soldering iron and a big hammer (or not).
It would drive the cost up, but Sven and Olie , here, in the Great White North,,, you know, Gods Country, would be up to the task.
Dem Der Sveeds and Fins have da big club hands doh, n it could be an issue,,,eh? Yah Hey Der!

Hog it!

I would imagine the atomizers could be imported as "vaporizer parts" to get past customs.

Does anyone know of any atomizers made in USA?

Or, perhaps the Americans can reinvent the e-cig altogether. Perhaps use laser to zap juice or whatever.

It is really a shame that this sort of thing is happening in what is supposed to be the freest country in the world. Perhaps there is more freedom in China.

 

[warbdan]

There are lots of freedoms in America....IF you have MILLIONS of dollars to buy them.

 

[Zal42]

It is really a shame that this sort of thing is happening in what is supposed to be the freest country in the world. Perhaps there is more freedom in China.

In 1991, the UN produced the Human Freedom Index ranking 66 nations in terms of overall freedom. The US ranked 13.

This year, the Heritage Foundation ranked nations in terms of economic freedom. The US ranked 9th.

Reporters Without Borders ranked nations in terms of the freedom of the press. The US ranked 53rd.

I could go on. The US thee freest nation in the world? Not hardly.

"None are more hopelessly enslaved than those who falsely believe they are free." -- Johann Wolfgang von Goethe

 

[mpetva]

I created this a little while back:

USA - Land of the Free !

 

[earthpig]

Not so sure Bad Habit.
Atomizers are nothing more than a heating element.

The KR808D-1 is simple and I suppose other models are similar.
Battery, atomizer, switch or movable "on" plunger, circuit chip w led.
Next is the housing and threaded connections.

You have to recharge so a charger is also required, but that's not an item that customs should care about either.

Fluids can be made here (and are), and if Nic is not allowed, we fill it in after the fact or mix it in to our juice at home.. THAT is a downside for retailers and end users. It's also not safe to handle straight nic, or even cut nic if you don't know what you are doing.
Most new vapers and many seasoned ones want prefilled carto's. If they cannot be supplied (wether from the US or elsewhere) the industry is in trouble.

It all sounds like a mess
Guess we better fight for our rights first.

Le'Pig

 

[Desert Willow]

Has FDA released any of the shipments that they had confiscated?

 

[earthpig]

I also am waiting on a response to Desert Willow's question.

 

[Lazerrred]

I guess mine is in a pile somewhere, or destroyed. They don't communicate well. As in NOT.

 

[VapnNow]

Since they have had mine since Nov 24 I think that my odds are slim to none that they are going to ship it to me or send it back to China. Really have given up hope. Never have received anything from them in writing saying that they have it.

 

[Rosco]

Guess they can steal them and nothing happens. Think I'd file a claim through the delivery company. Or contact my charge card company and get a "charge back" done. It's done every day.

 

[Desert Willow]

I found the "FDA Public Public Participation Forum of the FDA Advisory Committee" posted by another user in a different thread somewhere. They are taking comments. When I commented on their page, there was only 1 comment re' e-cigs. I guess that means they have lots of room for more comments.

http://www.thecre.com/tpsac/?p=1027&cpage=1#comment-4958]http://www.thecre.com/tpsac/?p=1027&cpage=1comment-4958[/URL

Brightest Blessings!

 

[earthpig]

Oh Really!
I think I'll pay em a visit then.
I also think you might consider this as a subject topic.

piggin