Dummkopf
edit: I tried to find that full segment on youtube but no luck yet.
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Dummkopf
edit: I tried to find that full segment on youtube but no luck yet.
Uhm.. No. This man needs to re-read his own agency's regulations, guidance documents, and the court ruling from ~3 months ago.
Now I'm sure there are a lot of products that are technically illegal because they were introduced to the market after 8/8/16, but it's by no means all of them.
Now I'm sure there are a lot of products that are technically illegal because they were introduced to the market after 8/8/16, but it's by no means all of them.
No worries bomb, it's only a 10 second clip of him saying, "Every e-cigarette on the market right now is illegally on the market." That's why I'm trying to find the segment because the host is saying "back that up" as it cuts off.
This bloke is definitely short bus material.
If there were vape products that were on the market prior to 2007, they would be exempt from the upcoming PMTA requirements.
Read up on the tobacco Control Act, which is the statute that gave the FDA the power to regulate tobacco products in the first place. As written, it only applied to certain classes of tobacco products, primarily cigarettes and chewing tobacco, and it exempted products that were on the market prior to the act's introduction on 2/15/07. It also gave the FDA the power to regulate other classes of tobacco products via Deeming regulations, which the FDA did in 2016. Those Deeming regulations are quite clear; previously unregulated products that were on the market prior to 8/8/16 could remain on the market until the PMTA deadline. That deadline was originally 8/8/18, but got kicked four years down the road to via revised guidance in 2017. Then a bunch of ANTZ sued on the basis that such a delay should have gone through the regular rulemaking process rather than just by decree as guidance. The court agreed, and the PMTA deadline was pulled forward to 5/11/20.
Thus any vape product that was on the market prior to 8/8/16 is currently still legal until 5/11/20.
The confusion is that there were multiple dates in the Deeming Regs. All products on the market PRIOR to the 2007 date are 100% exempt from the PMTA process and can be sold indefinitely without any additional authorization. All products on the market after the 2007 date but prior 8/8/16 are subject to the PMTA process BUT are allowed to continue to be sold until the PMTA deadline which is currently 8/8/2022. After that date they will require authorization to continue to be sold. Anything that came to market after the 8/8/2016 date is technically NOT supposed to be sold, but this has not been enforced at all.
Of course in the current climate, this could change at any time.
Oops forgot about the change that pulled the date back to 2020.
Uhm, it did change as a result of a court ruling a bit over three months ago. The PMTA deadline is currently 5/11/20.
So yes and no? Barring more more changes while pre 8/8/16 products can still be bought but only till 5/11/20 at which point it reverts to 2/15/07?
Shutdown to put it simply
As far as I know there is NOTHING still for sale that is pre the 2007 date and grandfathered.
Any of the stuff prior to the 2016 date can only stay on the market if a PMTA has been filed and not yet ruled on. So that stuff MIGHT still be available but the odds of a company doing the PMTA filing are slim to none. SO likely all that stuff is gone.
Anything post the 2016 date is just gone.
So really all these bans are useless. It all become moot in may 2020
How 'bout ignorant and lieing.
Eh, my thought is his staff minions did not inform him what the rules actually state so he was 'winging it' as he went along.
Every deemed "tobacco product" for which a PMTA hasn't been filed will be illegal then.
But this is still more than six months in the future and you cannot possibly convince me that someone who has risen to the level of a United States Cabinet Secretary position doesn't understand one of the most basic concepts in the use of language; past, present, and future tense.
Or potentially moot anyway. It’s been moot for all products created after the 2016 date since the 2016 date, correct?
Honestly I was shocked it wasn't enforced on those products beginning in 2016. Many of us were prepped and waiting for that foot to fall back then.
You miss my moot point. NONE of the arguing back and forth matters past may 2020. Its all gone unless a PMTA has been filed for a pre 2016 skew. May 2020 is that last date. Stuff released after the 2016 date should not even exist for sale and I suspect could be yanked off the market at any time. I hope it doesn't happen before may but it could.
Come may any ban is moot. Its all gone anyways. That is the farthest out date. It could happen sooner.
Technically illegal, yes. But how much will actually get "shut down" will depend on how vigorously this stuff is enforced. Some will surely exit voluntarily, but others will not. I know one vape shop owner who says he will stay open until men with guns show up to take him away and padlock his store. He still openly custom-mixes house juice too.
Agreed, and besides, who would want it?
Anything "post 2016" was never supposed to have been available to begin with. Yet it is. Was there a lack of will to enforce this part of the Deeming? Or was it a lack of resources?
It will certainly be interesting to see what happens post 5/11/20.
It looks like this is grandfathered in, does Njoy still exist? One good thing is it took replaceable batts LOL Quit Smoking Products
I looked them up, they are still around and could be the only company with a grandfathered product??
"NJOY is a pioneer in vaping and a leader in a revolution against combustible cigarettes. The brand was founded in 2006 and has continued to serve as an innovator and thought leader in the vaping category"
I looked them up, they are still around and could be the only company with a grandfathered product??
"NJOY is a pioneer in vaping and a leader in a revolution against combustible cigarettes. The brand was founded in 2006 and has continued to serve as an innovator and thought leader in the vaping category"
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