On stockpiling after FDA deeming regulations

Status
Not open for further replies.

AXIOM_1

Vaping Master
ECF Veteran
  • Jul 6, 2015
    4,874
    12,939
    Pennsylvania, USA
    I figure that 10% or less are really 'aware'. the vast majority of people think they are but they are mistaken.
    And they refuse to change.
    We are on a downhill slide and it will continue for quite a while.

    Yep, we have been on a downhill slide for 4 to 5 decades........ We once had fairly good presidents as well as a good congress, but in the 50's we started getting people in the gvt. who wanted to change our capitalistic system and from then on corruption started building in the gvt and it has gotten worse with each presidential cycle....

    The quick and fast way to fix the situation is too boot out all of the corrupt people in the district of criminals (DC).... But, that is not likely to ever happen.......... But, if people say nothing and do nothing, then it will definitely get way worse and much faster......... I don't have a very positive future outlook for the country, but I am also not going to sit back and say nothing like lots of folks do.
     

    r055co

    Ultra Member
    ECF Veteran
    Verified Member
    Dec 24, 2015
    1,948
    5,797
    Seattle
    It Isn't Splitting Hairs. It is making a Fundamental Determination of whether or not a Law applies to something.

    Nicotine is Not tobacco. It can be Derived from tobacco. Or you can say that Nicotine can be Found in tobacco. But Nicotine is Not Tobacco.

    So if a Law only applies to a product that Contains tobacco, an e-Liquid that contain Nicotine would not be Subject to that Law.

    But where it Gets Ugly is when a Law(s) reference a "Tobacco Product". What Exactly is the Legal Definition of a Tobacco Product?

    And the HUGE Question that has Lawyers/Legislators chomping at the bit is can a State use the Statutory Definition that the FDA has applied to include e-Cigarettes/e-Liquids as Tobacco Products, for the purpose of FDA Regulations, for the purpose of State Laws?

    Many Argue that the FDA inclusion of e-Liquids that contain Nicotine derived from Tobacco Plants as Tobacco Products can be used by States. But also Argue that Nicotine that came from Other Sources or is Synthetic can Not. And the FDA's inclusion of Hardware or 0mg e-Liquids as Tobacco Products is Regulatory Overreach in the Purest Sense.

    So it gets back to the HUGE Question. How far can a State apply the FDA's Definition of a Tobacco Product?

    I believe that the Core of Tobacco Product Legal Challenges will be the wording from the FSTCA relating to "Derived From" tobacco.
    Labelling eJuice as tobacco is the same as labelling Coffee and Tea as Blow since they're an Alkaloid stimulant.

    Thus focus needs to be done on throwing out the FDA jurisdiction over Vaping because the facts are Nicotine is "not" Tobacco period.
     

    zoiDman

    My -0^10 = Nothing at All*
    Supporting Member
    ECF Veteran
    Apr 16, 2010
    41,619
    1
    84,745
    So-Cal
    ...

    Thus focus needs to be done on throwing out the FDA jurisdiction over Vaping because the facts are Nicotine is "not" Tobacco period.

    I don't see that as Possible.

    The FDA does have the Legal Authority to Regulate products that are Derived from Tobacco and used as Recreational Tobacco is used. And I don't see Congress, any Congress, changing that any time soon.

    What we Need to do is Severely Reign In the FDA and get this Back to Science Based Policy Making.
     

    crxess

    Grumpy Ole Man
    ECF Veteran
    Verified Member
    Sep 20, 2012
    24,438
    46,126
    71
    Williamsport Md
    I don't see that as Possible.

    The FDA does have the Legal Authority to Regulate products that are Derived from Tobacco and used as Recreational Tobacco is used. And I don't see Congress, any Congress, changing that any time soon.

    What we Need to do is Severely Reign In the FDA and get this Back to Science Based Policy Making.

    However Congress has the right to override that Authority in Limiting their Reach.
     

    Robert Cromwell

    Moved On
    ECF Veteran
    Feb 16, 2015
    14,009
    65,472
    elsewhere
    What we Need to do is Severely Reign In the FDA and get this Back to Science Based Policy Making.

    And therein lies the problem. In recent decades our policies have little or nothing to do with science or facts and are more emotionally knee jerk and or money driven.
     

    r055co

    Ultra Member
    ECF Veteran
    Verified Member
    Dec 24, 2015
    1,948
    5,797
    Seattle
    I don't see that as Possible.

    The FDA does have the Legal Authority to Regulate products that are Derived from Tobacco and used as Recreational Tobacco is used. And I don't see Congress, any Congress, changing that any time soon.

    What we Need to do is Severely Reign In the FDA and get this Back to Science Based Policy Making.
    Bottom line is they classify Vaping as tobacco due to it has nicotine, so with that logic Potato's, Tomatoes, Eggplant, Cauliflower, etc., etc. is Tobacco.

    Push needs be on the threshold issue and that is it.
     
    • Like
    Reactions: Tommy-Chi

    zoiDman

    My -0^10 = Nothing at All*
    Supporting Member
    ECF Veteran
    Apr 16, 2010
    41,619
    1
    84,745
    So-Cal
    However Congress has the right to override that Authority in Limiting their Reach.

    Congress not only has the Right, they have a Responsibility to Do So.

    They are supposed to be part of the Check and Balance so that an agency like the FDA doesn't go Off the Reservation like they have with e-Cigarettes.
     

    zoiDman

    My -0^10 = Nothing at All*
    Supporting Member
    ECF Veteran
    Apr 16, 2010
    41,619
    1
    84,745
    So-Cal
    Bottom line is they classify Vaping as tobacco due to it has nicotine, so with that logic Potato's, Tomatoes, Eggplant, Cauliflower, etc., etc. is Tobacco.

    Push needs be on the threshold issue and that is it.

    No. They are using the wording "Derived from Tobacco". Which I believe the SC would Uphold.

    But that Sword Cuts Both Ways.

    If their Authority is because something is Derived From Tobacco, the their Authority would End when an Items is Not Derived from Tobacco.

    Such as ALL Hardware and of 0mg e-Liquids.
     

    Robert Cromwell

    Moved On
    ECF Veteran
    Feb 16, 2015
    14,009
    65,472
    elsewhere
    No. They are using the wording "Derived from Tobacco". Which I believe the SC would Uphold.

    But that Sword Cuts Both Ways.

    If their Authority is because something is Derived From Tobacco, the their Authority would End when an Items is Not Derived from Tobacco.

    Such as ALL Hardware and of 0mg e-Liquids.
    Unless Cole Bishop passes and then they set standards for mods.
    What is they use of have a big tank if mods are limited to 10 watts?

    On the nicotine thing. I expect that synthetic nicotine would be treated as a drug since it is manufactured and not extracted from tobacco.
    The only way around the tobacco nic thing would be to extract it from Tomatoes or something.
     

    zoiDman

    My -0^10 = Nothing at All*
    Supporting Member
    ECF Veteran
    Apr 16, 2010
    41,619
    1
    84,745
    So-Cal
    Unless Cole Bishop passes and then they set standards for mods.
    What is they use of have a big tank if mods are limited to 10 watts?

    On the nicotine thing. I expect that synthetic nicotine would be treated as a drug since it is manufactured and not extracted from tobacco.
    The only way around the tobacco nic thing would be to extract it from Tomatoes or something.

    I have asked this Many Times. And gotten Very Few answers.

    If the Predicate Date was change to Mid 2014 in the Cole-Bishop Amendment, do you think it would have a Better Chance of making it thru Reconciliation?

    And would you Support moving the Predicate date to Mid-2014?
     

    zoiDman

    My -0^10 = Nothing at All*
    Supporting Member
    ECF Veteran
    Apr 16, 2010
    41,619
    1
    84,745
    So-Cal
    But I am ENTITLED to a chicken dinner!
    LMAO

    You can Fill Out a DOCDF (Denial of Chick Dinner Forum) and send it in.

    But JSYK, the wait time for a Judgment is currently 7 Years, 218 Days, 9 Hours and 42 Minutes.
     

    Haylon357

    Super Member
    ECF Veteran
    Sep 1, 2014
    762
    1,375
    USA
    My kids got me a Pico. I'm wondering how my 4 kiddos came up with the money.
    aab8bdacd9bf6c5d9fea31bfeebba74f.jpg
    1b5f95d1b9a8546fd96d0bbc63c7848c.jpg
    de0adcb45ab8bc1e92129b6a06b7d3d4.jpg
    4b7aeeb12c25bb2d007f189c42b958ee.jpg

    At this point, I'm not asking how. Just glad I got another back up for my back up back up.............

    Sent from my LG V10 using Tapatalk
     
    Status
    Not open for further replies.

    Users who are viewing this thread