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Legal Issues with selling e-cigs

Discussion in 'Law and the E-Cigarette' started by Nem, Mar 19, 2009.

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  1. Nem

    Nem Senior Member ECF Veteran

    Mar 9, 2009
    It appears the sale of e-cigs in the USA is illegal but not being enforced. It seems no one (retail or online) are being bothered by big brother and just keep selling anyway. If they decide to enforce this, will it apply to all e-cig sales or just ones with nicotine? Thoughts
  2. KDMickey

    KDMickey Senior Member ECF Veteran

    Mar 10, 2009
    Denver, CO, USA
    I've been doing some research about this, and I cannot see how the FDA could consider e-liquid without nic within their jurisdiction. As for the e-cigs themselves, that's up to us. If we cast them in a light that seems to be primarily a nicotine delivery system, that puts it in the realm of FDA. But, if we cast it in a e-liquid delivery light, then that means the FDA cannot consider its primary purpose to deliver nicotine. Does that make sense? From what I've seen, legally speaking, the FDA's sway over personal vaporizers can only hold if the nic continues to be the focus of the product.

  3. Walrus

    Walrus Ultra Member ECF Veteran

    Mar 3, 2009
    Baton Rouge, LA
    If I remember correctly, a spokesperson for the FDA just made the statement that e-cigs were illegal last week. The fallout/backlash/whatever has yet to happen.
  4. Nem

    Nem Senior Member ECF Veteran

    Mar 9, 2009
    I agree it would be outside the realm of the FDA but they do not make that distinction. Fallout will be interesting for sure. I can see the lawsuits now.
  5. bribri

    bribri Moved On

    Oct 13, 2008
    San Mateo, CA.
    Perhaps all e-liquid sellers should not list mg's on the sites. Only low, medium, high.
  6. Frankie

    Frankie Super Member ECF Veteran

    Nov 13, 2008
    "Medium nic" is as bad as "16 mg" from the regulator´s point of view. Unfortunately. I do not think they have levels of "new drug" under which they would consider if off the scope of their involvement.
  7. KDMickey

    KDMickey Senior Member ECF Veteran

    Mar 10, 2009
    Denver, CO, USA
    Why not take all nic levels off of the websites and do it as an under the table word of mouth type thing? Just show the flavors and have people place orders. Then, we can e-mail them to specify nic strength off the record.
  8. thatguyjeff

    thatguyjeff Senior Member ECF Veteran

    Mar 6, 2009
    St. Paul MN, USA
    Just because someone from a gov't agency (even the POTUS himself) says something is illegal does not make it so. The judiciary must make a determination based upon the laws as they are in the books at the time.

    In other words, something like this (which is pretty much a grey area) will need to go through the court system before anyone really knows if it's illegal or not.

    What the FDA can do is push for new legislation that is specific to e-cigs. Though that may not necessarily happen either since that has to go through the legislature.
  9. ozrick

    ozrick Super Member ECF Veteran

    Mar 16, 2009
    Chicago, IL
    From what I've read the FDA had not declared the sale of e-cigs / nic juice illegal but said it warranted heavy scrutiny? Maybe I missed something. This issue may well be on it's way to an FDA crackdown but everything that I've read points more to a game of chicken right now between the FDA and the e-cig market.

    I could be wrong of course.
  10. Nuck

    Nuck Ultra Member ECF Veteran

    Feb 14, 2009
    Ontario, Canada
    The entire FDA discussion revolved around the use of an ecig with nicotine in the context of an NRT. The 'combination' of the nicotine juice and the hardware in this context was claimed to be illegal.

    There are holes large enough to drive a truck through at this point but I think most people expect some action to be taken on the sale of nicotine liquid in the future.
  11. vapor_addict

    vapor_addict Full Member

    Mar 5, 2009
    I just heard from a supplier that there may be a ban coming on ecigs from Chinese government:shock:. He suspects that either big pharms or big tobacco is involved with some big payola. This way we can keep killing ourselves with analogs and wasting money on nic patches and they can keep making money. Sounds like "death of the electric car" type of consipiracy:evil:. Can anyone substantiate?
  12. KDMickey

    KDMickey Senior Member ECF Veteran

    Mar 10, 2009
    Denver, CO, USA
    Ha ha, Chinese bans and such mean next to nothing. The gov't there is already overextended. Ok, so big tobacco and pharma shut down the chinese. so the japanese pick it up. There's a whole enterprising world, and the sale of e-cigs has been too lucrative to ignore. In fact, the chinese will, in the long run, make more money taxing trade than even big tobacco could payoff.
  13. kurobaxkaito

    kurobaxkaito Full Member

    Jun 21, 2009
    Hey guys, I'm sorry for resurrecting such an old post but I wanted to know the legal status. I have read that it is illegal to market/sell the electronic cigarettes but I have and still do see kiosks in the malls selling them. I want to start a business selling these goodies. What are the chances of me able to do this?
  14. Blue Falcon

    Blue Falcon Full Member ECF Veteran

    Jul 6, 2009
    I've actually heard that some US suppliers are having trouble with shipments being stopped.
  15. kurobaxkaito

    kurobaxkaito Full Member

    Jun 21, 2009
    I've heard of that too but I don't think that's the most of the problems. If I'm making small sales every here and there, would I get busted? I still see malls selling them.
  16. Sun Vaporer

    Sun Vaporer Moved On ECF Veteran

    Jan 2, 2009
    You can get yourself up to speed right here with the pending legal staus of the e-cig---take a read-------Sun

    See *********************************************************************************************************************
  17. kurobaxkaito

    kurobaxkaito Full Member

    Jun 21, 2009
    Thanks Sun! I didn't know that there was a thread like that! I will be keeping up on that threat from now. Thanks!
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