FDA Personally unworried about the regulations

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DC2

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I liked your post, but perhaps disagree with your last point.
I believe Jman8 probably could quit smoking if he wanted to, with or without electronic cigarettes.

But that's neither here nor there, as Jman8 and his personal situation is nowhere near the center of this argument.
Or, at least, it shouldn't be.
 

Jman8

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Sigh... I see what you're doing here as splitting hairs, unnecessarily, and missing the larger goal at hand.

I did not say they do not work, I said they do not work for the majority of people trying to achieve complete abstinence, especially heavy smokers. There is a huge difference there. If your goal is to be able to "smoke" in bars or restaurants where smoking is not allowed (as many cigalike ads claim), but continue smoking otherwise, then cigalikes are for you. If you want to cut back on how much you smoke, or if you are a light smoker who wants to quit, then maybe cigalikes will work for you, maybe not. If you're a heavy smoker trying to quit, then forget it.

You accuse me of splitting hairs after going thru that diatribe? Concluding with "if you're a heavy smoker trying to quit, then forget it" with implication of "they will not work."

I stand by that they can work, and that I was a heavy smoker. I wasn't the heaviest smoker, so if this conversation turns into splitting hairs on what it means to be a heavy smoker, then yet again, you'll come out on top (in your mind).

I don't see why in this discussion it can't be that they both work. And that one works better. Why does it have to be for you, as well as others, that they simply cannot work (with all the stipulations you added) and therefore only the larger devices are to be used?

I'm fairly convinced that as long as I choose to smoke, you could give me super duper best device around, and I will still be a smoker after whatever amount of time you wish to put on that for me to give it a "fair try." You seem to think that I am not choosing to smoke but am still addicted to smoking because, well cigalikes do that sort of thing.

And what is our goal here in fighting these regulations? Is it to make sure we have access to any e-cig, or is it to make sure that our access to e-cig products is sufficient enough to guarantee that all smokers have a real chance at sustaining complete abstinence?

I do not share in the cause that vaping exists solely for smokers to have a real chance at complete abstinence. I think that is wonderful, nay great, for a personal choice among individuals. I honor that choice for whatever individual chooses to go in that direction. But I do not respect that as a cause for the vaping community because I think it is much too tricky politically, and is rather unnecessary. Did we need FDA approval of vaping products to get to this point? Did we need some third party entity to see our devices in that light for that to occur to us, either as individuals or as a collective? I say, strongly, no we did not.

I wish for all vaping products to be seen as a recreational product that adults have open access to via free choice. If that potential consumer is a non-smoker that wishes to take up vaping, I would honor that decision. I may wish to educate or discuss certain things with that sort of individual, but wouldn't require they have a discussion or educational situation to exercise their free choice as an adult.

And there you go, proving my point ever so perfectly :D You have not sustained abstinence with cigalikes as you generally smoke at least 1 cigarette a day (which is far better than before of course, but is still not quite quitting), but you believe you can quit if you want to! Well, sir, I believe that pigs can fly, but that doesn't make it so! (Though if they could, their wings would be delicious...)

And as I've said elsewhere, I have experience with cessation from smoking, after being a heavy smoker, for longer than any vaper has quit smoking via vaping. So, my belief is backed up by my experience of cessation. You may wish to downplay this claim of cessation all that you desire by noting that I eventually went back. But, I say those vapers who are feeling high and mighty with their cessation schtick to come see me in 5 years and we'll talk about what it really means to stay away from smoking. Until then, you are the ones that are sometimes hard to believe are "really quit" when I hear claims often on vaping forums that amount to, "if they do thus and so with eCigs, I'll be forced to go back to smoking."

I am a dual user that has broken the addiction to smoking, and I have done this with cigalikes. If you need to split hairs on what I mean by "user" and by "addiction" and by "done this with cigalikes," I am glad to elaborate as has already been demonstrated.

But keep making ridiculous claims along lines of no one (no heavy smoker) can quit smoking via use of cigalikes, and I'll keep responding to those ridiculous claims with reason.
 

dragonpuff

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You accuse me of splitting hairs after going thru that diatribe? Concluding with "if you're a heavy smoker trying to quit, then forget it" with implication of "they will not work."

I stand by that they can work...

...Why does it have to be for you, as well as others, that they simply cannot work (with all the stipulations you added) and therefore only the larger devices are to be used?

...

I do not share in the cause that vaping exists solely for smokers to have a real chance at complete abstinence...

...

But keep making ridiculous claims along lines of no one (no heavy smoker) can quit smoking via use of cigalikes, and I'll keep responding to those ridiculous claims with reason.

Everything I've contained in the above quote involves you twisting the meaning of what I've said:
- I did not say that cigalikes cannot work to help someone quit smoking, just that they generally will not or do not.
- I never said that vaping only exists to help people achieve complete abstinence from smoking, just that it is the most important reason, along with helping people cut way back on how much they smoke and generally reducing harm to themselves. In other words, harm reduction is the most important goal here.

If you're going to make your argument by putting words in my mouth, then we're done here. I won't waste my time on that.

And as I've said elsewhere, I have experience with cessation from smoking, after being a heavy smoker, for longer than any vaper has quit smoking via vaping. So, my belief is backed up by my experience of cessation. You may wish to downplay this claim of cessation all that you desire by noting that I eventually went back. But, I say those vapers who are feeling high and mighty with their cessation schtick to come see me in 5 years and we'll talk about what it really means to stay away from smoking. Until then, you are the ones that are sometimes hard to believe are "really quit" when I hear claims often on vaping forums that amount to, "if they do thus and so with eCigs, I'll be forced to go back to smoking."

Why are you getting so defensive? You really ought to take a looong puff off of your cigalike and chill out - NO ONE here is out to get you! I promise ;)
 

stevegmu

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No, one does not reason with them. One attempts to SCARE them into NOT acting in a way that would put them under the public spotlight for all the wrong reasons.

The public at large is either scared of vaping, ambivalent or doesn't know much of anything about vaping. Writing letters to low level staffers and e-mails doesn't scare them. Is there a credible survey stating the general public is against regulations?
 

stevegmu

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So we should wait until they pass it before we react to it?
How very Nancy Pelosi of you.

It is already over. The FDA has been bought and paid for. Do you have more money than Big Tobacco or Pig Pharma? How about the other 'argument'. Taxes from cigarettes. Regulation is all about the government keeping their coffer lined with tax money. How do you fight that? React to it all you want...
 

Jman8

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Everything I've contained in the above quote involves you twisting the meaning of what I've said:
- I did not say that cigalikes cannot work to help someone quit smoking, just that they generally will not or do not.
- I never said that vaping only exists to help people achieve complete abstinence from smoking, just that it is the most important reason, along with helping people cut way back on how much they smoke and generally reducing harm to themselves. In other words, harm reduction is the most important goal here.

If you're going to make your argument by putting words in my mouth, then we're done here. I won't waste my time on that.

Then you're done here, because I did not literally put words in your mouth. You say "they generally will not or do not," and I cited implication, and you then want to stipulate and split hairs on that, and turn around and say I am doing that. I stand by what I said and how I worded it. You want to split such a fine hair, and to whatever degree I may go along with that, you then want to split it even finer to make essentially the same point, but with how you are saying it.
 

Jman8

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It is already over. The FDA has been bought and paid for. Do you have more money than Big Tobacco or Pig Pharma?

^This^

Not sure if you are saying this rhetorically or if you believe this, but it works for me rhetorically. If one is worried about regulations, like really worried, then FDA needs to be the bogeyman that is entirely unreasonable, all the time, and is influenced by powers bigger than God and Satan. If you deny this, you are naive and all arguments are futile.

But, hey write your letters to the FDA in favor of eCigs today. Magically, that will help vapers!
 

stevegmu

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^This^

Not sure if you are saying this rhetorically or if you believe this, but it works for me rhetorically. If one is worried about regulations, like really worried, then FDA needs to be the bogeyman that is entirely unreasonable, all the time, and is influenced by powers bigger than God and Satan. If you deny this, you are naive and all arguments are futile.

But, hey write your letters to the FDA in favor of eCigs today. Magically, that will help vapers!

Rhetorically and sarcastically. They go on and on about the devil, yet say if only more people would write letters...
 

SeniorBoy

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Apologies in advance if this is old news for some. I had previously posted this in another thread but thought it justified repeating since the comment period deadline is just around the corner.

A thumbnail of the remaining steps/procedures in the legislative procedure with links.

Step Six: This is the comment period we are currently involved in and it expires on August 8, 2014

Step Seven: The FDA prepares a Final Rule which may or may not have changes to the original draft legislation

Step Eight: The OMB reviews the Final Rule and may or may not make changes.

Step Nine: The publication of the Final Rule in the Federal Register, which will include an effective date for the new regulations. In addition, the FDA is required to submit the Final Rule to Congress and the Government Accountability Office (GAO) before the regulations can take effect. The critical point in this last step is that the FDA is REQUIRED to submit their Final Rule to Congress.

Source: http://www.cspnet.com/category-news...lemaking-process-and-fda-tobacco-deeming-regs

After the Final Rule reaches Congress it is subject to Chapter 8 – CONGRESSIONAL REVIEW OF AGENCY RULEMAKING (5 U.S.C. 801-808). Section 802 is Congressional disapproval procedure.

Read the law: 5 U.S. Code Chapter 8 - CONGRESSIONAL REVIEW OF AGENCY RULEMAKING | LII / Legal Information Institute

More reading on the law with actions: Congressional Review Act - Wikipedia, the free encyclopedia

HTH

:)
 

zoiDman

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Apologies in advance if this is old news for some. I had previously posted this in another thread but thought it justified repeating since the comment period deadline is just around the corner.

A thumbnail of the remaining steps/procedures in the legislative procedure with links.

Step Six: This is the comment period we are currently involved in and it expires on August 8, 2014

Step Seven: The FDA prepares a Final Rule which may or may not have changes to the original draft legislation

Step Eight: The OMB reviews the Final Rule and may or may not make changes.

Step Nine: The publication of the Final Rule in the Federal Register, which will include an effective date for the new regulations. In addition, the FDA is required to submit the Final Rule to Congress and the Government Accountability Office (GAO) before the regulations can take effect. The critical point in this last step is that the FDA is REQUIRED to submit their Final Rule to Congress.

Source: http://www.cspnet.com/category-news...lemaking-process-and-fda-tobacco-deeming-regs

After the Final Rule reaches Congress it is subject to Chapter 8 – CONGRESSIONAL REVIEW OF AGENCY RULEMAKING (5 U.S.C. 801-808). Section 802 is Congressional disapproval procedure.

Read the law: 5 U.S. Code Chapter 8 - CONGRESSIONAL REVIEW OF AGENCY RULEMAKING | LII / Legal Information Institute

More reading on the law with actions: Congressional Review Act - Wikipedia, the free encyclopedia

HTH

:)

That's Funny you should Post the Steps that the FDA Deem Doc will go thru. I posted something Very Similar Tismourning.

This is Pretty Much the Long and the Short of it.

---

Seems like this Horse has be Beaten 27 Ways to Sunday. When is it time to move on to the Next Phase of the Approval Process?

http://www.reginfo.gov/public/reginfo/Regmap/regmap.pdf


The "Nicotine Containing e-Liquid Isn't a Tobacco Product" Train Left the Station a Long Time Ago. And it Ain't Coming Back.

---

BTW - How does the Regulatory Flexibility Act work?


Do you know How the Regulatory Flexibility Act works? And if is Being Used or Can be Used with regards to the FDA?

Regulatory Flexibility Act - Wikipedia, the free encyclopedia

Regulatory Flexibility Act | The U.S. Small Business Administration | SBA.gov

I have Mentioned MANY Times over the years that the ECF Needs an On-Staff, Pro Bono Lawyer or two.
 

DC2

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The public at large is either scared of vaping, ambivalent or doesn't know much of anything about vaping. Writing letters to low level staffers and e-mails doesn't scare them. Is there a credible survey stating the general public is against regulations?
More and more people every day know someone whose life may have been saved by electronic cigarettes.
 

wv2win

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Our best chance to derail the Deeming Regulations will be at the ballot box during this upcoming mid-term elections. If liberal Dems who currently control the HELP committee that over-sees the FDA are no longer in the leadership position, we have a much better chance that these regulations will at a minimum be postponed and possibly just dropped or drastically scaled back.

We should continue to write the FDA and our elected officials, but a change in the leadership of the Senate is where our efforts should be directed, if at all possible.
 

Bruce1

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First of all I believe our Government has changed. It no longer is for the people. This rule change will go into effect no doubt. It's not about children or our health that is all a smoke screen (no pun). No matter how many letters we send or petitions we sign they will exercise control. Yes, I did sign the petition anyway but, I feel it was a waste of time. You know deep down they are going to do what they want to do. This is all about money nothing more nothing less. Once they tax this vapping thing into oblivion or make it where it's illegal only the cigaretee industry has products then and only then will they be happy.
Because of that I have purchased enough product to last me for a long, long time. Bruce
 
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Jman8

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Our best chance to derail the Deeming Regulations will be at the ballot box during this upcoming mid-term elections. If liberal Dems who currently control the HELP committee that over-sees the FDA are no longer in the leadership position, we have a much better chance that these regulations will at a minimum be postponed and possibly just dropped or drastically scaled back.

We should continue to write the FDA and our elected officials, but a change in the leadership of the Senate is where our efforts should be directed, if at all possible.

Even more reason not to worry.
 

SeniorBoy

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AND speaking of Ds and politics I'm not sure if the following has been posted but it's NEW and fresh. They want this done today (sooner rather than later) so to speak and not down the road. Bolding and txt size by yours truly:

"In a letter to FDA Commissioner Margaret Hamburg, the Members wrote: “While FDA’s proposed rule sets the stage for future regulations, strong regulatory actions on marketing to children, e-cigarette flavors, and online sales cannot wait. FDA has an existing mechanism to protect children now—without waiting years to implement new regulations to accomplish these goals.”

Source with the letter of 8/4/2014: US Senate Committee on Health, Education, Labor, & Pensions: Newsroom - Press Releases

EDIT for clarity
 
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Kent C

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I believe that about the First thing that the FDA is going to do once the Deeming is Finalized is to Restrict Internet Sales for e-Liquids.

It isn't going to be a 2~3 Year wait for an Application Evaluation. It is just going to be an Administrative Action. Pending Immediately.

Yeah, right around Nov. 5th :)
 

zoiDman

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Yeah, right around Nov. 5th :)

The Date of the Finalized Rules is Kinda the Wild Card.

The FDA has it's Army of Comment Readers churning away as we speak, and Parts of the FDA Rules, I'm sure, are in a pretty Final State. But there is Much that I think Isn't. And there are going to be about 10,000 Lose Ends to tie.

And then the Whole Mess needs to go to Congress.

But What Congress? A Demonically Controlled (oops, I meant Democratically Controlled) Congress? Or One that has Enough Swing Votes? Or maybe even one that is held by the Republicans?
 
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