The costs of running this huge site are paid for by ads. Please consider registering and becoming a Supporting Member for an ad-free experience. Thanks, ECF team.

Is It True That The FDA...

Discussion in 'FDA Regulations' started by Ben D, Jul 11, 2018.

Tags:
Image has been removed.
URL has been removed.
Email address has been removed.
Media has been removed.
  1. Ben D

    Ben D Full Member

    Jul 2, 2018
    Baltimore
    Hi everyone!

    I have a question. Is it a possiblity that the FDA bans e-cigs/vapes/etc to those under 21 years of age? I honestly think that this would be an outrage. It wouldn't concern me so much in a couple months, but I would hate to see others who are actually vaping for purpose be denied. I don't think that vaping should be considered a tobacco product.

    What are your thoughts?
     
  2. WorksForMe

    WorksForMe Ultra Member Verified Member ECF Veteran

    Supporting member
    Sep 21, 2012
    N.N., Virginia
    I think I'd be more worried about Maryland raising the age limit than the FDA. I haven't heard anything about the FDA doing it.
     
    • Agree Agree x 2
    • Like Like x 1
  3. Rossum

    Rossum Surly Curmudgeon Verified Member ECF Veteran

    Supporting member
    Dec 14, 2013
    SE PA
    I do not think the FDA has the authority to do that.
     
    • Like Like x 2
    • Agree Agree x 2
  4. Jumpin' In...

    Jumpin' In... Ultra Member ECF Veteran

    Sep 11, 2013
    Maui, Hawaii
    I believe Hawaii has already done that.
     
    • Like Like x 1
  5. Rossum

    Rossum Surly Curmudgeon Verified Member ECF Veteran

    Supporting member
    Dec 14, 2013
    SE PA
    Yeah, there are several States and some smaller jurisdictions that have raised the age to 21. There's a "movement" to do it called "Tobacco 21" (Google it, I refuse to link). A number of the usual suspects are involved.

    But that's not the FDA doing something on national basis, which is what the OP asked about.
     
    • Like Like x 2
    • Agree Agree x 1
  6. score69

    score69 Super Member ECF Veteran

    Feb 28, 2015
    Athens, GA, USA
    Agree, they don't have the authority to do it themselves. However the FDA are sneaky folks. There are other situations where they have 'hinted' to states to make laws they weren't able to get passed at the federal level. It wouldn't surprise me if they are involved in some indirect manner.

    The FDA have their own agenda, and it usually centers around money, not public interest.
     
    • Like Like x 1
  7. Chick Bowdrie

    Chick Bowdrie Full Member

    Dec 11, 2012
    California
    I think it's more that major players give the FDA/governement an agenda. Like some big company funds somebodies anti-vaping research because it benefits the company because the research ends up in the FDAs hands. Not so much that the FDA is being paid to suppress vaping or profiting by it's suppression.
     
    • Like Like x 2
  8. zoiDman

    zoiDman My -0^10 = Nothing at All* ECF Veteran

    Supporting member
    Apr 16, 2010
    So-Cal
    There is really 2 Laws that govern How Old you must be to buy a Tobacco Product.

    One is a State Law for your State. So a State may say you have to be 21 to buy a Tobacco Product. ie: California, Hawaii, etc...

    The Other is the Federal Law 21 U.S.C. § 387f. And part of that Federal Laws [(3)(a)(ii)] says...


    (3) Limitations

    (A) In general No restrictions under paragraph (1) may—

    (i) prohibit the sale of any tobacco product in face-to-face transactions by a specific category of retail outlets; or

    (ii) establish a minimum age of sale of tobacco products to any person older than 18 years of age.

    21 U.S. Code § 387f - General provisions respecting control of tobacco products

    So basically what the Law is saying is that under the Current Statute, the Federal Age Limit to buy a Tobacco Product can Not be Higher than 18 Years of age.

    So if the FDA wanted to have an Age Limit of 21+ to buy e-Liquids that contain Nicotine derived from Tobacco, they would have to get Congress to Amend the Existing Federal Law to make such an Exemption.

    Because e-Liquids that contain Nicotine derived from Tobacco have been Deemed a "Tobacco Product". And that Deeming has been Upheld in Federal Court.

    Of Course, your State can do what your State has the power to do. But the FDA Can Not Raise the Age to buy a Tobacco Product. That would take New Legislation from the fine folks in Congress.
     
    • Like Like x 3
    • Informative Informative x 1
  9. Beamslider

    Beamslider Vaping Master Verified Member ECF Veteran

    May 29, 2017
    San Francisco
    The States currently decide and many have set the age at 21.
     
    • Agree Agree x 2
  10. stols001

    stols001 Mistress of the Dark Nicotinic Arts Verified Member ECF Veteran

    Supporting member
    May 30, 2017
    Tucson, AZ
    My state has set it at 21, Arizona.

    Anna
     
    • Like Like x 1
  11. papergoblin

    papergoblin Super Member Verified Member ECF Veteran

    Nov 16, 2013
    alabama
    I may have misunderstood your writing but the federal law states 18 is the minimum not maximum age to buy tobacco. Just like alcohol is the federal minimum, then states can choose to raise ages from the federal minimum.

    Now no matter what the FDA wants to do with ages, you're right it has to have a vote, I believe. I think they can only make a recommendation, they can pull products though if they deem a safety issue.
     
    • Like Like x 1
    • Optimistic Optimistic x 1
  12. zoiDman

    zoiDman My -0^10 = Nothing at All* ECF Veteran

    Supporting member
    Apr 16, 2010
    So-Cal
    States can set a Legal Age Higher than Federal Law. Because there would be No Supremacy Clause Issue. But a State Can't Set a Legal Age lower than 18.

    Or if a State had No Statutory Legal Age to buy Tobacco Products. Then the Federal Law would Apply without any Supporting State Law.

    The Long and the Short of it is the FDA Doesn't have the Authority to raise the Legal Age to buy Tobacco Products at the Federal Level. But States do have that Power within their State.
     
    • Agree Agree x 3
    • Like Like x 1
  13. Rossum

    Rossum Surly Curmudgeon Verified Member ECF Veteran

    Supporting member
    Dec 14, 2013
    SE PA
    Let me go all contrarian. There's another plant product for which the federal legal age is infinity, yet there are now a number of states who've made the legal age within their borders quite a bit lower. ;)
     
    • Agree Agree x 3
  14. zoiDman

    zoiDman My -0^10 = Nothing at All* ECF Veteran

    Supporting member
    Apr 16, 2010
    So-Cal
    Yep.

    And this is what Happens when a Justice Department decides to "Pick and Choose" just what is to be Enforced because they Don't Like, or they Don't Want the Blowback to their Political Party, if they enforced the Law as Written.
     
    • Winner Winner x 1
  15. Rossum

    Rossum Surly Curmudgeon Verified Member ECF Veteran

    Supporting member
    Dec 14, 2013
    SE PA
    Well, if you think about it there are plenty of laws and regulations that aren't being enforced as written, up to and including our favorite Deeming...
     
    • Like Like x 2
    • Winner Winner x 2
    • Agree Agree x 1
  16. stols001

    stols001 Mistress of the Dark Nicotinic Arts Verified Member ECF Veteran

    Supporting member
    May 30, 2017
    Tucson, AZ
    I'm fairly sure the feds want to deal with that one after like, um, the ecig thing. I'm fairly sure.

    Also, you would be SHOCKED at the job fields you cannot enter if you consume that legal herb because ANY org, even a contractor, who accepts Federal dollars will not hire you. Good luck to teachers, nurses, etc etc. It's a LONG list.

    Anna
     
    • Agree Agree x 1
  17. r055co

    r055co Ultra Member Verified Member ECF Veteran

    Dec 24, 2015
    Seattle
    So when they going to raise the Draft age to 21?

    Or being tried as an adult to 21?

    Or ................ ?
     
    • Like Like x 1
    • Funny Funny x 1
  18. stols001

    stols001 Mistress of the Dark Nicotinic Arts Verified Member ECF Veteran

    Supporting member
    May 30, 2017
    Tucson, AZ
    Yes because the government all makes sense like that. All the time. Etc.

    Look I'm going to make a general prescription here: GO READ SOME KAFKA, then read the book by that CENSORED "rules for radicals" then "The art of war," topped off with a little Machiavelli also then maybe watch some WWII footage and how it all unfolded.

    Then, government MAY make a type of TRAGIC yet REALISTIC sense.. Etc.

    Anna
     
    • Like Like x 2
  19. r055co

    r055co Ultra Member Verified Member ECF Veteran

    Dec 24, 2015
    Seattle
    Sigh...... there are some people who still ask why I'm leaving the country.....

    Sent from my HTC 10 using Tapatalk
     
    • Optimistic Optimistic x 1
  20. stols001

    stols001 Mistress of the Dark Nicotinic Arts Verified Member ECF Veteran

    Supporting member
    May 30, 2017
    Tucson, AZ
    I've considered it I have dual citizenship to Aus, but man, getting my kid and husband over would be a PAIN. Also, having grown up all over the world, I get hives about moving, even if it's a couple hundred miles (which may happen) also, I have grown to love this crazy place, with all of its... crazy.

    Also wherever you go there you are and most governments are crazy making in SOME regards. Etc.

    Anna
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice