Legal question

[SLDS181]

The reality is that the FDA has said, quite publicly and to suppliers, that import and SALE of e-cigs and liquid is illegal. Period. No ifs, ands or claims needed. They are illegal to bring into the country and sell. But not to buy. Not to use. Not to own. That's a different legal game.

Bob, to be clear here, it is the FDA's position that under the FD&C Act, electronic cigarettes are considered drug devices, and their position that it qualifies as a device to be banned.

They executed the ban under this act, and SmokingEverywhere is challenging their position.

The FDA has also only put out notice of shipments for three specific Chinese manufacturers, so not all shipments may be held. Based on the presentation of e-cigs on the SE web site, the FDA holds that it is a drug/device combination.

But, these can be used without nicotine - does that still make it a drug/device combination? Or is it a regulated drug, and an acceptably unregulated vapor device (many vaporizers exist on the market in other forms), which may simply become used in combination?

The FDA's stance is excessive and ridiculous.

Also, no, the FDA doesn't make tax laws - but they do get allocated additional funding when something "new" must be tracked by them.

 

[Jim Davis]

Your points are well taken Bob. I look at PM backing the FDA, and all the other things they're doing. The Taxes will definately benifit them.

My latest peeve is the statement that e-cig's contain PG, and PG is an ingrediant in Anti-Freeze. Now the uninformed believe that there is anti-freeze in e-cigs. One person said it directly to me at the airport.

No matter what the reason, The bottom line is that they're playing dirty. I have no respect for them.

Cheers;
jd

 

[DC2]

The bottom line is that they're playing dirty. I have no respect for them.

I have to agree.

At first I wanted to believe the FDA was just doing their job, pointing out some issues, and trying to get a handle on things for the safety of the general public. I thought it was the mainstream media bobbleheads that were to blame mostly, for taking what the FDA said and then sensationalizing it with the use of fearful buzzwords for the consumption of the sheeple.

But then I went back and read the FDA press release, and realized that it is hard to read that press release and not see significant signs of an agenda poking through. The entire thing looks quite well orchestrated, and designed to cause the very reaction we have seen.

 

[BigJimW]

The FDA has been lying, cheating, and stealing to get e-cigs banned. First, I don't believe anyhting they say, and Second, I don't care what they say.

Yup, same here. I know where my next supplier of parts and juice is coming from. Never had a single problem yet.

I don't care what the FDA says or does.

 

[Jim Davis]

Yup, same here. I know where my next supplier of parts and juice is coming from. Never had a single problem yet.

I don't care what the FDA says or does.

That's the ticket. BigJimW & BigJimD, Two Wild & Crazy Guys