Interesting legal arguments

[JStephens]

Riddle me this TB -

As a supplier, If I were to make the assumption that:

1) There are plenty of sources for e-liquid in the US and abroad

2) If banned, vapers are highly likely to find alternative means of getting their liquid (DIY, China, etc)

Could I then clear my store shelves of all but blank carts, attys, batts and chargers and fly free and clear of FDA seizures and any legal issues? After all, bongs are sold in most states and if I don't carry anything but blank carts and supplies there would be no nasty, dirty old nicotine juice on my site.

I can't own an M-16 machine gun - BUT, I can buy an AR-15 semi auto from my local gunsmith, order the hardware needed to convert it to full auto online, and a book on Amazon that tells me how to do it...

And when you get caught with your modified AR-15, you will get to spend 20 years or so in prison. Just because you can get ahold of precursers and the know-how to produce something illegal doesn't mean you should. I believe you are right about the fact that PVs, parts and supplies should be able to fly free and clear (atleast I hope so, I would hate to go to a headshop to get my e-cig parts), hell, even "no nic" juice should be ok, unless lab testing shows that the other chemicals contained are harmful when vaped. Just my 2 cents...

 

[Webby]

And when you get caught with your modified AR-15, you will get to spend 20 years or so in prison. Just because you can get ahold of precursers and the know-how to produce something illegal doesn't mean you should. ...

Agreed - I was only pointing out that the sum of the parts need not equal the whole. The fact that combining diesel fuel and fertilizer makes a deadly device doesn't mean buying them seperately is illegal.

So if I sell a device for people with chronic dry mouth that helps keep their mouth moist with water vapor (ok PG/VG) that should be legal regardless how this all plays out.

...just as long as I didn't carry prefilled carts or liquid.

 

[JStephens]

It would probably be better if you avoided the "this product is for" stuff if the FDA does happen to put a ban on them. If all you are going to supply is the parts, just repackage it with the words "for novelty purpose only" and put a disclaimer for legal issues, even tho that would make e-cigs a more of a joke than a real product.

 

[lotus14]

Agreed - I was only pointing out that the sum of the parts need not equal the whole. The fact that combining diesel fuel and fertilizer makes a deadly device doesn't mean buying them seperately is illegal.

So if I sell a device for people with chronic dry mouth that helps keep their mouth moist with water vapor (ok PG/VG) that should be legal regardless how this all plays out.

...just as long as I didn't carry prefilled carts or liquid.

The batts are easy. Screw on a cheap bulb and sell flashlights. The attys are a little harder - they only have one history - but still quite possible.

The BIG problem is liquid nicotine. It's going to be very tough to get from a source I would half-way trust if the FDA is able to ban it altogether.

 

[Scaralouche]

the sad part is, mystery juice would be far worse than what we have now. hows that for governmental logic.

 

[lotus14]

the sad part is, mystery juice would be far worse than what we have now. hows that for governmental logic.

Agreed!

And yet what we have now is not much better than "mystery juice." The manufacturers should have done scientific studies long ago and had their products independently tested on an ongoing basis. Things coulda been different...

 

[HighTech]

The BIG problem is liquid nicotine. It's going to be very tough to get from a source I would half-way trust if the FDA is able to ban it altogether.

Not really.

 

[Nestran]

The batts are easy. Screw on a cheap bulb and sell flashlights. The attys are a little harder - they only have one history - but still quite possible.

The BIG problem is liquid nicotine. It's going to be very tough to get from a source I would half-way trust if the FDA is able to ban it altogether.

Actually not an issue. This is where the black and white of the law works, There is nothing about the atty that makes it a drug delivery device.

I can take a wad of screen and pass voltage through it and it would vaporize PG, doesn't make screens illegal.

Not to mention, I have a fog machine in the shed that I could load up with juice and have one hell of a time, still legal.

The hardware is safe, it's the nic juice that is in danger.

Nestran

 

[Webby]

Actually not an issue. This is where the black and white of the law works, There is nothing about the atty that makes it a drug delivery device.

I can take a wad of screen and pass voltage through it and it would vaporize PG, doesn't make screens illegal.

Not to mention, I have a fog machine in the shed that I could load up with juice and have one hell of a time, still legal.

The hardware is safe, it's the nic juice that is in danger.

Nestran

My point exactly. If liquid goes underground, I'll still sell e-cigs and parts. Probably cheaper since I wouldn't have to worry about padding my margins for lost shipments.