FDA Is It True That The FDA...

[Ben D]

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?

 

[WorksForMe]

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.

 

[Rossum]

I do not think the FDA has the authority to do that.

 

[Jumpin' In...]

I believe Hawaii has already done that.

 

[Rossum]

I believe Hawaii has already done that.

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.

 

[score69]

I do not think the FDA has the authority to do that.

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.

 

[Chick Bowdrie]

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.

 

[zoiDman]

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?

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.

 

[Beamslider]

The States currently decide and many have set the age at 21.

 

[stols001]

My state has set it at 21, Arizona.

Anna

 

[papergoblin]

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.

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.

 

[zoiDman]

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.

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.

 

[Rossum]

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.

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.

 

[zoiDman]

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.

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.

 

[Rossum]

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.

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...

 

[stols001]

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

 

[r055co]

So when they going to raise the Draft age to 21?

Or being tried as an adult to 21?

Or ................ ?

 

[stols001]

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

 

[r055co]

Sigh...... there are some people who still ask why I'm leaving the country.....

Sent from my HTC 10 using Tapatalk

 

[stols001]

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