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FDA Stuff ... Bottom Line?

Discussion in 'Law and the E-Cigarette' started by ritalee76, Mar 13, 2009.

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  1. ritalee76

    ritalee76 Super Member ECF Veteran

    Feb 6, 2009
    Baton Rouge, LA
    Can someone explain this to me like I'm a 3rd grader?

    Is it going to be banned or not?

    I've tried reading through the threads about it and it just seems like a bunch of arguing. :oops:

    Just wanting to know. I have a big closet. And a credit card. I'm not afraid to use both. :D
     
  2. Walrus

    Walrus Ultra Member ECF Veteran

    Mar 3, 2009
    Baton Rouge, LA
    Lol, in that case, don't forget to tip your DJ :p
     
  3. Sun Vaporer

    Sun Vaporer Moved On ECF Veteran

    Jan 2, 2009
    Florida
    Rita--the FDA decided to speak yesterday--they could have declined to comment at all--but that is not what the did. Here is the quote again
    "It is illegal to sell or market them, and the FDA is looking into this,'' said Rita Chappelle, an agency spokeswoman.
    Asked if that meant the FDA would crack down on the dozens of mall kiosks nationwide where the product is being sold like perfume and cellphone covers, Chappelle said: "This is an open case. Beyond that I can not comment.''
    When the FDA makes a statement like that –only the scope of their action and the timing of it are now in question–How broad that scope will be is still unknown----Sun
     
  4. ritalee76

    ritalee76 Super Member ECF Veteran

    Feb 6, 2009
    Baton Rouge, LA
    Wow.

    Gonna have to move my shoe collection to make room for my stockpile.

    And tip the DJ :D
     
  5. Walrus

    Walrus Ultra Member ECF Veteran

    Mar 3, 2009
    Baton Rouge, LA
    Instead of a tip jar, I'm gonna put an empty glass dropper bottle on my table with a card that says "Will work for e-juice!" :D
     
  6. TropicalBob

    TropicalBob Vaping Master ECF Veteran

    Jan 13, 2008
    Port Charlotte, FL USA
    Sun presented the statement accurately. The FDA has determined e-devices are not legal. Period. It didn't say some, or those with zero nic. But ... don't expect SWAT teams to crash the local mall. Not gonna happen. The first step will be to notify Customs to step up confiscations of shipments being imported. We can see that happening already. Shut down the supply from overseas and the battle has been tipped. We depend on imports.

    Next would come a declaration of policy that e-devices are illegal to sell. Notice the absence of the words "possess" or "use". We can still have them. We can still use them. We just can't buy any more supplies. That will be the bottom line.

    To stop this trend, manufacturers will need to meet FDA approval guidelines for marketing a new drug and drug delivery device. That will take some time. Do keep in mind that the FDA doesn't test on its own; it reviews tests from makers. It can also seek tests from independent labs, which it does in food contamination cases. Whatever, the FDA won't issue any report of lab findings that it made. There won't be any to report.

    I'm good for about a year now. No need to restock for that time. Long term ... we are going to know soon if anyone went to bat for us.
     
  7. booboo

    booboo Super Member ECF Veteran

    Feb 11, 2009
    San Diego, CA
    In 3rd grader language, "****"!
     
  8. exogenesis

    exogenesis Super Member ECF Veteran

    Mar 1, 2009
    UK
    If/when the FDA decide to move on suppliers, presumably that would be
    USA specific.

    So could it still be the case that if the UK (or other country's) authorities
    are slower to (or never) ban sales, then USA citizens could still buy from
    overseas without e.g. trading standards or customs imponding the stuff ?
     
  9. TropicalBob

    TropicalBob Vaping Master ECF Veteran

    Jan 13, 2008
    Port Charlotte, FL USA
    Regulation will be country by country, so the UK could have legal e-smoking no matter the U.S. action. But shutting down imports at the American borders will be the first enforcement effort. No more online orders to China. The FDA statements have made that fact very clear.

    It's just a matter of watching stepped-up action from Customs. More confiscations. Followed by short supplies. Higher prices for available product that does get through.

    But there are many possibilities for enforcement that could be a lot worse. We're in wait-and-see mode.
     
  10. vape4life

    vape4life Full Member

    Mar 6, 2009
    Actually, a vast majority of imports are not opened. I have ordered many packages from china (greater than 100 total over many years) and I can't remember a SINGLE one that was opened.

    As long as it is a discrete order (small, envelope package preferable, tagged as a gift, etc... the basics) you will have no problem importing. Regardless of what the FDA decides.

    I guess if you are ordering from a supplier using an address that they have tagged as problematic, you might have trouble.
     
  11. booboo

    booboo Super Member ECF Veteran

    Feb 11, 2009
    San Diego, CA
    So where the F---- was the FDA 50 years ago or even 20? They let us all get hooked on this garbage, and now they don't want us to have a healthier alternative now that we all have lung cancer, emphysema, copd and whatever else? That really pisses me off. Oh, they will let us have our addiction as long as we are pouring our money into cigarettes, but if it's something we have more control of and might not kill us as fast, then we can't have it? BS!
     
  12. QueenInNC

    QueenInNC Ultra Member ECF Veteran

    Feb 21, 2009
    Charlotte, NC USA

    My thoughts exactly!
     
  13. Sun Vaporer

    Sun Vaporer Moved On ECF Veteran

    Jan 2, 2009
    Florida
    Boo--you have a good point. I would go further though and ask the question--"Is it economically feasible to cure cancer?" Cancer is a money maker from the Hospitals, the Doctors, and the Drugs. What would it be like if cancer was cured? Whould all of the Hospitals gladly be turned into Librarys. Would the Doctors love going back to delivering babies? And lets not forget about big Phama with their Chemo Drugs--they would enjoy taking one for the team and enjoy seeing their market vanish if cancer was cured?? IMO-----Sun
     
  14. booboo

    booboo Super Member ECF Veteran

    Feb 11, 2009
    San Diego, CA
    If they'd have made cigarettes too tightly regulated to get, none of us would even be here right now and wouldn't need a damn substitute!! (sorry, still ranting!)
     
  15. vape4life

    vape4life Full Member

    Mar 6, 2009
    Well, personally, I don't think they should regulate anything. We are adults. We should be able to consume what we want, and take risks as we please. They shouldn't regulate tobacco, and they shouldn't regulate this.
     
  16. mace bewley

    mace bewley Super Member Verified Member ECF Veteran

    Feb 11, 2009
    Rogers AR
    Like anything else, I think the government is trying to find a way to tax it.
    Just my .02. i don't think that it is an issue of safety, cause if it was they would have already banned cigarettes.

    mace
     
  17. Jhamer

    Jhamer Full Member

    Mar 6, 2009
    Alberta,Canada
    Exactly Mace! You got it, and they will. They will make importing of e-cigs illegal, but then they will start manufacturing them in the US and tax the sh*t outta them. As long as they are making the dollar not the small independant online stores and such.
     
  18. TropicalBob

    TropicalBob Vaping Master ECF Veteran

    Jan 13, 2008
    Port Charlotte, FL USA
    Please abandon one misconception that is being repeated here:

    The FDA does not now and never has had jurisdiction over tobacco products. It might be given that authority later this year, but Congress must first approve it and the President must sign a bill that has already passed the House and will be taken up soon in the Senate. Right now, the FDA does NOT regulate tobacco and didn't help hook any addict on nicotine.

    The FDA is responsible for the safety and efficacy of drugs and foods. E-liquid is a drug. It is not tobacco. It is not a tobacco product outside FDA jurisdiction. The job of FDA is protect everyone in this country from the marketing of dangerous or hazardous drugs. It's not your "freedom of choice" being challenged. It's the fact that to market a new drug (which the mixed e-liquid is), an approval is needed. And the makers of e-liquid didn't get that approval. None of us know what exactly we're inhaling -- or the consequences of our action. Matters of this magnitude go way beyond "I like it, I want it."

    Now, the FDA must consider whether to allow this new drug (unregulated, with terribly inadequate packaging and no guarantee of contents or quality) to continue to be sold or to call a halt to sales while assurances of safety are studied.

    This one is easy, unfortunately, and every civilized country in the world is traveling the same route. These cannot be allowed to continue on the market without greater assurances than "faith" in some Chinese unknown liquid.

    You want approval? Then hope responsible makers like Ruyan can win proper certifications. Without it, kiss today's practice goodbye.
     
  19. Walrus

    Walrus Ultra Member ECF Veteran

    Mar 3, 2009
    Baton Rouge, LA
    Bob,

    With Totally Wicked's packaging, toxicology reports, etc... do you think they (as a producer of the e-liquid) are on the right path to obtain FDA approval? I know this wouldn't approve e-liquids in general, but for their products alone?
     
  20. riddle80

    riddle80 Super Member ECF Veteran

    Nov 25, 2008
    Nashville, TN
    I thought only the companies who claim to be healthy or NRTs/quit smoking devices will be illegal to sell and market? Is it not these claims that raised the FDA's eyebrows in the first place? I was under the impression that making these 2 claims in particular is what classified them as a new drug, and only these companies would be affected.

    It's been said many times, but I don't see how they could possibly regulate the devices themselves. I think it would be wise for all suppliers to begin importing and selling the kits and liquids separately.
     
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