There's some discussion here about the implications of vaping products being categorised as tobacco products -
http://www.e-cigarette-forum.com/fo...bill-godshall-tobaccofree-org.html#post174309
I can't see an honest legal system supporting this myself, this is obviously not tobacco.
Well for good or ill we're not facing an "honest legal system" here.
I'll be frank from an American legal standpoint being classified as a tobacco product is the only hope these devices have now that they are on the radar.
They are going to be regulated that's a fact. The only question is how they will be regulated will they fall under the less stringent requirements placed on tobacco or will they end up under the far more draconian drug classification.
If they are classed as a tobacco product they're going to get grandfathered into Waxman's bill since these devices were marketed prior to February 2007. The worst case at that point is controls on the Nicotine content available. We'll probably also get some better quality controls on the actual content of the liquids some basic standards such as childproofing as well as requirements to take some measures to ensure these aren't sold to minors. (assuming Waxman's bill passes unammended)
If they are classed as a drug delivery device they will have to undergo the same testing as any other drug which means very expensive studies and it's questionable that such studies could even be done. I've read arguments by experts who basicallly say that even if the manufacturers wanted to go through such testing they'd never be able to find an organization that would be willing to do it and that such studies might fail to meet ethical standards regardless.
To quote our President "Do not let perfection become the enemy of the good"
Sure our ideal solution would be to have a completely new catagory carved out for the E-cigarette and have it regulated only to ensure that we are getting what we pay for.
But that simply is not going to happen. If they are classified as a drug rather than tobacco then the E-Cig is dead in the United States end of story end of debate, And if we kill it here you can be pretty sure that the UK and the rest of Europe will follow pretty rapidly, hell the two biggest other chunks of the former British Empire have already banned these devices.
The die as they say has already been cast. The battle joined and since no one else stepped up to the plate we're stuck with SE as the standard bearer.
If the smaller suppliers had pooled resources earlier and been willing to set aside petty bickering and their selfish individualist nonsense then perhaps they could have filed this action instead but that didn't happen.
But as I've always said about regrets and spilt milk. Could have, would have, should have, didn't.
At this point any other option is wishful thinking and that has never accomplished anything in this world.