Ah, but the Letter of the Law is what the Court systems follow. If the FDA does not follow proper procedure or if they overstep their authority, then the Courts can come to our aid. The courts made it possible that we are still here today. If the FDA had their way back in 2009, we wouldn't be on this forum nor enjoying the things we are using today.
That's the problem right now there is no law to follow; or is there?
We have no intrinsic right to vape, we can at this point simply because it is not heavily regulated by law.
I have worries about laws not being enforced by the courts, however my statement stands as it was authored "I don't exactly have the highest level of faith in the system when it comes to serving the "desires" of the individual".
As for procedure, there is no law saying they can't get a do over if they don't follow proper procedure the first time.
Speaking of authority, particular attention going toward pg 2-5 to 2-9 details the FDA's authority as it stands now.
http://www.fda.gov/downloads/ICECI/ComplianceManuals/RegulatoryProceduresManual/UCM074340.pdf
Of particular interest is this
1. Section 201 (Definitions) – Amended to define “tobacco products.” Section 201(rr),
subparagraph (1) states: 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 product).
We are lucky as is to have what we have.
This
(except for raw materials other than
tobacco used in manufacturing a component, part, or accessory of a tobacco product)
Is a saving grace argument for rebuildable type supplies and such raw materials, but not the devices we use or the liquids containing nicotine.
The FDA has the authority to regulate this industry, they are missing the regulations and procedures used to deal with our slice of the pie.
We lucked out in that their first attempt was to regulate vaping under the medical aspect of their authority, we fought it and won. No doubt that was a correct call on the court.
Being the government they are slow, but methodical and not exactly transparent, now we face a set of regulations that while fitting the letter of the law do not sit well with the vaping public. This is where the courts can do nothing for us, so long as the actions taken by the FDA remain legal, procedural, and within their scope of authority we will see a dramatic change in how the industry moves forward.
I've said this in the past and I'll mention it again here to lighten the mood a bit, someone hand the president a mod, this administration has shown a clear propensity to make stuff happen that nobody imagined would ever happen. My guess is if Obama vapes we are good to go for a long while.
Maurice
Seriously.
