So everyone is crystal on this, please observe the following excerpt of the waxman bill:
TITLE I--AUTHORITY OF THE FOOD AND DRUG ADMINISTRATION
SEC. 101. AMENDMENT OF FEDERAL FOOD, DRUG, AND COSMETIC ACT.
(a) Definition of Tobacco Products- Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: (rr)(1) 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 (except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco
and this section as well:
SEC. 907. TOBACCO PRODUCT STANDARDS.
(a) In General-
(1) SPECIAL RULES-
(A) SPECIAL RULE FOR CIGARETTES- Beginning 3 months after the date of enactment of the Family Smoking Prevention and Tobacco Control Act, a cigarette or any of its component parts (including the tobacco, filter, or paper) shall not contain, as a constituent (including a smoke constituent) or additive, an artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee, that is a characterizing flavor of the tobacco product or tobacco smoke. Nothing in this subparagraph shall be construed to limit the Secretarys authority to take action under this section or other sections of this Act applicable to menthol or any artificial or natural flavor, herb, or spice not specified in this subparagraph.
So, while the device may not be covered in this bill, our carts and e-juice is. If FDA is given the ability to regulate e-juice, they could easily set the maximum allowed nic levels to 1mg/mL, the flavor aspect of our juice would absolutely be called into question, and the wording of this bill would eventually be altered.
As most already know Phillip Morris is developing his own 'personal vaporizer' and is planning to test it in a few other countries before bringing it to the states. PM and FDA are clearly in bed together and I have no doubt that right about the time PM mass produces these units for the US, at this time FDA would lift any restrictions on the ecig... or perhaps just figure a way to make his legit.
FDA is holding shipment of the ecig and supplies in hopes the bill passes and their actions are made legit. So, any juice, carts, starter kits w/ carts, would never make through customs. This is a horribly abusive bill.
Sorry, can't post link at the moment due to post count. You can find the bill in its entirety @ opencongress.org HR 1256