No, the law does not out right ban them. But in practice it kind of does. They do that by effectively tying paperwork up and using red tape. Essentially, if you can't show remarkably similar already approved products (good luck with e-cigs) then you must apply under the premarket allowance. Which is what the FDA actually wants. This allows them to test (until kingdom come) your products, and then make a market determination. Meaning, they will tie all of this stuff up until small companies that can't afford the legal teams, long waits, etc are out of business. It's called bureaucratic ban or red tape ban. Ask food and drug companies how long the FDA takes to sign off on things and how much it costs to push a product through. It takes years and tons of money to get new products through... Time and money that these small vendors just don't have.
Care to guess who does have that time and money? Politicians and tobacco companies. It isn't a conspiracy, it's just SOP.
Right, it doesn't ban them. That's the point. There will be e-cigarettes after the regulations, regardless of their final form, go into effect. You may not like these products, they may be produced only by BT, they may be an unsatisfactory substitute for smoking, they may be more expensive to use per puff or per day than mods, innovation and variety will take a huge hit, but e-cigarettes
won't be banned. So when the petition says they
will be banned, it diminishes the credibility of whatever else the petition said and gave Zeller the opportunity to wallow in the fact that there will be no ban--an opportunity which he gleefully jumped on and which allowed him to evade and avoid the real issues--the issues which you have correctly identified but which the petition, by all indications, didn't.
EDIT: What has the FDA done with its new regulations instructing cheesemakers on the proper way to make cheese? It's a perfect example of stupidity and ignorance in action, coupled with a zeal to regulate virtually
everything. They first issued a declaration that cheese could not be aged on wooden shelves. Apparently, the FDA didn't fully inform itself of the fact that cheese has been aged on wooden shelves for thousands of years and that many producers of high quality cheese age their cheese on wood, including the "King of Cheeses," Parmigiano Reggiano, and hundreds of artisan cheeses produced in the USA and abroad. Producers insisted that aging on wood is an essential part of their process and created a huge outcry. The FDA was getting some bad press and nasty letters. They backed off just a little and said they'd welcome
proof from the industry that it wasn't dangerous to age cheese on wooden shelves.
Good lord! When I first read about this I thought it must be some kind of spoof or parody.
Is it a coincidence that Monica Metz, the woman at the FDA who put her name on this fiasco, is a former employee of Leprino Foods, one of the largest mass producers of cheap cheese in the world?
LINK
ANOTHER LINK
According to scientific testing at UC Davis and elsewhere, wood has an antibacterial effect and is much safer than plastic as a cutting board material.
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