I spoke with the FDA yesterday
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If one dealer gets a complaint it is. That is why the veterans here jump on new dealers and get all up in their business when they make false claim. Dealers have the highest responsibility. I guarantee most do not have proper liability insurance in the first place.
If a dealer tells a consumer it is a NRT device and the consumer can prove they said it, then the consumer can call the FDA and ask if the dealer is authorized to sell a NRT, and the FDA must investigate. This means the FDA will contact either the local police, DEA or FBI and have them pay a visit to the dealers shop. They will probably pose as a consumer and ask if this is a NRT. If the dealer say yes, they can close them down, impound the inventory and charge the dealer with selling an unregulated NRT. The FDA will then be in charge of a complaint and a prosecution will seal the fate of the entire US e-cig business.
This is why it is so important to be careful in the marketing.
If a dealer tells a consumer it is a NRT device and the consumer can prove they said it, then the consumer can call the FDA and ask if the dealer is authorized to sell a NRT, and the FDA must investigate. This means the FDA will contact either the local police, DEA or FBI and have them pay a visit to the dealers shop. They will probably pose as a consumer and ask if this is a NRT. If the dealer say yes, they can close them down, impound the inventory and charge the dealer with selling an unregulated NRT. The FDA will then be in charge of a complaint and a prosecution will seal the fate of the entire US e-cig business.
This is why it is so important to be careful in the marketing.
This thread is a while old but I thought I'd give it a bump as the conversation the OP had with the FDA is about the clearest idea we have of what they're thinking.
Does this mean that Sen. Lautenberg has made that complaint and a legitimate investigation can now begin?
Does this mean that Sen. Lautenberg has made that complaint and a legitimate investigation can now begin?
To me this seems like it would only work against one brand. For example if someone filed a complaint against NJOY then and the complaint had proof and backing then NJOY would have to pull it's products, but that does not mean Some Everywhere, Puresmoker whoever would have to pull theirs, right?
DC, that earlier response was in a time when it was considered legal to sell e-cigs in America. That's no longer the case. The FDA has declared them "illegal" to sell or import, and the senator wants them "removed".
Once, I thought this would indeed unfold case-by-case, as FDA press spokesman Chris Kelly said not too long ago. Now, there's no reason to believe that anymore. E-cigs will either be allowed, or banned. As a product, not company by company. The senator pressed the Destroy button and the countdown is on.
At least we should know something soon. If it's a ban, they'll be back -- after a decade of study and approval process.
Once, I thought this would indeed unfold case-by-case, as FDA press spokesman Chris Kelly said not too long ago. Now, there's no reason to believe that anymore. E-cigs will either be allowed, or banned. As a product, not company by company. The senator pressed the Destroy button and the countdown is on.
At least we should know something soon. If it's a ban, they'll be back -- after a decade of study and approval process.
What will happen is exactly whats happening right now. Over seas vendors, and discreet local vendors will continue to sell. Taking chances of getting caught and confiscated will become routine.
The descriptions will change from ecig to something else and they will become a online black market item.
For those of us in the know, we will see no real disruption. Then, one day the day in court will happen in our favor. Someone will see that the profit potential is great, and hire a lawyer who can get them passed by the FDA.
Remember Ghandi's 4 stages rule.
The descriptions will change from ecig to something else and they will become a online black market item.
For those of us in the know, we will see no real disruption. Then, one day the day in court will happen in our favor. Someone will see that the profit potential is great, and hire a lawyer who can get them passed by the FDA.
Remember Ghandi's 4 stages rule.
robw is pretty much right on target. People buy stuff all the time that is "illegal". I have bought a few things that will remain nameless myself. Ofcourse that is not what we all want to do, but we may have no other choice. You can always order straight from China. Chances of your order being seized is slim in the overall scheme of things. Maybe it's just me, but I see a small glimmer of hope with a few senators using these things. All we can hope for is that they will go to bat for us. Just my opinion
are they currently classified 'illegal to sell or import' though because we only see that in some news reports, not all. we're hearing a lot of mixed messages that's for sure, not to mention the fact that a lot of suppliers seem fairly c0ck-sure. If they are banned state-side it might only be like an Australian ban and people will turn to buying them directly from China instead. I could handle that.
Hi All,
The FDA has already intercepted several shipments from China. Go to their site and do a search for electronic cigarettes, then choose one of the results with "oasis" in the url. They have apparently refused shipments of atomizers and cartridges, I don't know if these were sent back to the shipper or what. Hopefully so, I would like to think the shipments weren't destroyed and the buyer was refunded his money by the shipper. Unfortunately this probably isn't the case.
As far as a ban goes, I have received several "items" that are illegal in this country, not even close to grey area stuff. You just have to bite the bullet and accept that your order may be confiscated and you wasted your money. Small shipments of illicit items often make it through without problems, but every so often one will be intercepted.
The FDA has already intercepted several shipments from China. Go to their site and do a search for electronic cigarettes, then choose one of the results with "oasis" in the url. They have apparently refused shipments of atomizers and cartridges, I don't know if these were sent back to the shipper or what. Hopefully so, I would like to think the shipments weren't destroyed and the buyer was refunded his money by the shipper. Unfortunately this probably isn't the case.
As far as a ban goes, I have received several "items" that are illegal in this country, not even close to grey area stuff. You just have to bite the bullet and accept that your order may be confiscated and you wasted your money. Small shipments of illicit items often make it through without problems, but every so often one will be intercepted.
What many e-cig companies don't realize is that they are bringing much of this on themselves. The only issue the FDA has at this point is that these people are saying that they are a 'healthy' alternative or a 'safer' way to smoke. You cannot make these claims without 6 years of research to back it up. Since the e-cig has only been around for 5 years....
The FDA will no doubt crack down on anyone making false claims, which is why some folks are going to be getting false claims lawsuits. That will improve the situation for those of us out there who are simply saying this is a legal way to smoke indoors despite smoking bans and that the tobacco taxes don't apply to them. If you are marketing an e-cig product, be careful how you go about marketing your product.
The FDA will no doubt crack down on anyone making false claims, which is why some folks are going to be getting false claims lawsuits. That will improve the situation for those of us out there who are simply saying this is a legal way to smoke indoors despite smoking bans and that the tobacco taxes don't apply to them. If you are marketing an e-cig product, be careful how you go about marketing your product.
Toooo True.
A "good pol" is one that stays bought . So far, unless I missed something, we have one against (D-NJ) and one for (R-FL).
And yes, tobacco and pharms are a REAL potential problem there. Someone looked up who was contributing (kind word) the D-NJ guy and there were a lot of entries from pharmaceuticals that provide NRT...
I've had 3 shipments in the past 2 months with no problems... I've got another leaving tomorrow or today and I'm a little concerned!
I just spent the last 2 hours looking through the FDA's site only to find 10-12 documented seizures in the past 4 months. The common tread to them is the manufacturer's description. They all have electronic cigarette or similar description. I wounder if that is the key...at least for now?
Well when i first found out about a E cig was at smokers depot in charlotte nc when i was buying a carton of cigs he told me about them and how much safer and better it is for you and for me to come by in like 3 days to check it out but i did 5 days later and he got a whole lot in stock like 30 e cigs and he has sold 25 of them and getting some liquid and menthol and more accesorys for the E cig and I called a few heapshops where I live near and they said they had it too for the same price the myfreedomsmokes.com penstyle e cig is the one I got I am not sure what type it is but ever since I got it I have deffiantly seen a difference I have had a regualr pack of cigarettes too and I have let that last me like 4 days and I still have like 10 left I am not going to buy anymore cigs but certain stores/headshops have them but not gas stations like I said I got mien at smokers depot here in charlotte nc and its wonderful I love it.. so It is comming around.. and good job on talking to the FDA about this.. I have told every friend and parents that I know that smoke about it cause I know people that foes through a carton every 4 days so I told them about how great it is.. But great job on the investigation!
Ecigarettes, and eliquid will end up being black market. New "Drug Lords" will evolve. We will all be "criminals" in the eyes of the law if we choose to continue. It's just how our American system works.
Goverment can build more prisons, and clog the legal system with even more ridiculous law.
I don't want to debate this issue here, but as an example....look at Marijuana laws. Public polls show most Americans prefer a logical way to decrimalize. Lower prison populations by releasing non-violent drug offenders, make money by taxing, regulate and also teach future generations about effects of addiction.
But no, government chooses to spent BILLIONS of tax payer dollars, fighting an un-winable war on drugs. Look at Mexico, it is going to be an new "Iraq". I guarantee you, BILLIONS will be spent on this upcoming "Mexican Border War".
Is the plight of the ecig user really much different in idiology?
Now you know why, and hopefully understand why in many ways all of us here are, or will be "Closet Tokers"!
Chris ~ (Closet Toker)
Freedom --to mislabel what it is to customs is illicit and bad news. Personal Vaprizer I can see, but anything else is not what anyone should do--this whole ban deal really is a shame if it happens----Sun
Well look on the bright side Obama has lifted the federal ban on medicinal weed. In Cali if you have a medical lic. You can smoke with no problem. And to be honest over here they're pretty lax, if you get pulled over with a bowl, nothin much is going to happen. The cops will usually just throw it to the side.
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