The FDA didn't want to deem ecigs either, they wanted to regulate it as a drug-device combination under FDCA. It was Judge Richard J Leon that nudged them in that direction.
http://casaa.org/uploads/SE-vs-FDA-Opinion.pdf
Personal Observation: The general public are aware and angry with deeming regs...
- Thread starter Draculeos
- Start date
- th_trl_thread_readers 0
- Status
http://casaa.org/uploads/SE-vs-FDA-Opinion.pdf
Thank you for the heads up. I added my 2 cents there. I see I'm not the only one who wonders how long their comment will be allowed to stand.
This pic explaining what's really going on here should be posted on FB on the FDA's page!!!According to a brief that PBusardo has on his website,
"Retail staff can instruct and demonstrate how a device is assembled or a tank is filled or how eliquid is dripped. They can not assemble products for customers. That would qualify them as a manufacturer. To that point, repairing or adjusting a customer's device is also considered manufacturing."One of my buddies who works in a vape shop in Ohio had this customer come into his shop today, who needed a new coil made for his setup. As you can see he is physically challenged and can't make one for himself, and no shop employee could help him according to the FDA. Luckily another customer was kind enough to help the dude out.
Forgive me if I'm wrong but didn't Congress ask the FDA to come up with electronic cigarette legislation in the first place?
The FDA can not legislate, only congress can. The Tobacco Control Act ( FSPTCA ) gave the FDA authority to regulate tobacco products. Congress defined " tobacco products " as " any product made or derived from tobacco that is intended for human consumption ". The FDA originally wanted to regulate ecigs under the Federal Food, Drug and Cosmetic Act, but after they lost the Sottera ( Njoy ) law suit ( and their appeal ), they chose to regulate under the Tobacco Control Act, as the judge suggested they should. I provided a link to the original decision above.
They won't restrict it, as you said there is no money in that, they will tax it (done to sodas in some places).
I almost couldn't stand it when a place I lived was saturated with vanilla air freshener smell. But I'm not against air fresheners and scents if I don't have to live in them. Or maybe I am slightly against them by now, but I would see a law against them as being stupid and unnecessary, as well as outside the gov't's jurisdiction.
I really think vaping is turning into an excellent example of what's wrong with government (in the US) but I doubt it can be turned into a wider movement because it looks like smoking... and the gov't knows it.
Last edited:
According to a brief that PBusardo has on his website,
"Retail staff can instruct and demonstrate how a device is assembled or a tank is filled or how eliquid is dripped. They can not assemble products for customers. That would qualify them as a manufacturer. To that point, repairing or adjusting a customer's device is also considered manufacturing."One of my buddies who works in a vape shop in Ohio had this customer come into his shop today, who needed a new coil made for his setup. As you can see he is physically challenged and can't make one for himself, and no shop employee could help him according to the FDA. Luckily another customer was kind enough to help the dude out.
Theres a lawsuit waiting to happen.
"Assembly"/ "repair" doesnt equal "manufacturer".
The problem with social media is individuals tend to group with others that have similar views. If there were a true groundswell of angry individuals across social media, the press would be all over it.
As it stands, the majority of North America doesn't give a hoot about vaping or the FDAs draconian rules.
As it stands, the majority of North America doesn't give a hoot about vaping or the FDAs draconian rules.
I went to see Shinedown last night at local venue called Merriweather. It's an indoor outdoor venue with a large pavillion and big lawn. The crowd was super cool. I was pleasantly surprised to see vapers outnumbering smokers 3-1. Maybe even more than that. Security is super cool about it. It's a no-smoking venue but they specifically state "no combustible tobacco products" on signs around the arena. I talked to a couple security guys and they said they could care less about vaping and wished every smoker would switch. I've actually never seen so many random vapers in one place.
I talked to a half dozen. All of them were aware of the regs at some level. A couple were on the same page as us and super angry. The others were only aware of the "watered down" no selling to kids and stuff like that. I didn't go into detail with them but did say to pay close attention and prepare for it to get either expensive or difficult to get their favorite stuff. I don't think they believed me though. Hopefully I planted a seed anyways.
I talked to a half dozen. All of them were aware of the regs at some level. A couple were on the same page as us and super angry. The others were only aware of the "watered down" no selling to kids and stuff like that. I didn't go into detail with them but did say to pay close attention and prepare for it to get either expensive or difficult to get their favorite stuff. I don't think they believed me though. Hopefully I planted a seed anyways.
At the end of the day, this is the best we can hope for regarding the non-believers. More times than not, people don't recognize the gravity of a situation UNTIL it hits them directly in the head!
Well, he just indicated they could. That was the main focus of the plaintiffs' argument. They convinced him that e-cigarettes were tobacco products and could only be regulated under the FSPTCA.
Last edited:
One would think that a fairly large number of people might care that the FDA is killing thousands of jobs, but that message isn't getting through the noise surrounding Hillary's e-mails, Melinia's semi-nude photos, and offended gold star parents.
TC has been wildly successful in indoctrinating people to believe that the slightest exposure to tobacco smoke might kill them. Children are terrified at the mere sight of it. Parents believe smokers threaten their children's health. TC is using the same techniques to demonize vaping.
Most people simply read headlines if they read anything at all. They "know" that e-cigarettes explode. They "know" that large numbers of children are being poisoned by e-liquid. They "know" that they're not considered safe by the FDA. They "know" that nicotine is a deadly, addictive poison and "know" that a "skyrocketing" number of children are using them and becoming addicted to nicotine. They read the headlines and they trust the ALA, ACS, CDC, CFTFK, etc. to tell the truth.
They're campaigning to be elected. Do you think they really want to deal with pesky things like issues?
There is no money to be made in health! The money is all made when you get sick and keep coming back for more meds. What a corrupt government we have. Health makes alot of sense but it makes no dollars.
- Status
Similar threads
- Locked
- Locked
- Locked
