I wish that were true, but if it is made or derived from tobacco, it is legally considered a considered a "tobacco product."
What products are considered to be tobacco products as defined by the tobacco control act?
"Intended use" is what determines how nicotine is regulated - as a tobacco product, drug treatment or pesticide. If they use nicotine pesticide in e-cigs (which would be risky) then that changes it into a tobacco product.
I'm sorry if I wasn't clear.
I never intended to suggest that anyone should think about trying to use the nicotine from existing organic pesticides in their e-liquids, but those pesticides are derived from tobacco and they do not fall under the tobacco control act because they are not 'intended for human consumption'.
I was implying that vendors could just start to sell liquid nicotine (and to be clear, I do mean the kind that's used in our e-liquids and DIY supplies) as an effective pesticide for use in organic gardening.
What I said was (sort of) meant to be a joke, about how any decent lawyer could use a loophole that, because of the wording of the tobacco control act, could actually be made into a viable argument in court.
After all, it doesn't say anywhere on any plain nicotine bottle (or even any flavored liquids I've ordered) that the liquid is intended for vaping or for human consumption. Any of our liquids would actually work as an organic pesticide, because nicotine is the active ingredient in those pesticides and ours is purer.
If a vendor does not sell any 'e-cigarette' or 'e-liquid' products and they offer their nicotine liquids as 'organic pesticides' the vendor can make the legally valid claim that the products are not meant for human consumption and hence not subject to the tobacco control act. Despite the fact that their customers can use the products for something other than their intended purpose, that is not the vendors problem as long as the product is clearly marked and labeled. It would completely negate the 'tobacco product' regulation problem for any vaper willing to DIY, and other vendors could still offer 0mg flavor blends designed for dilution with plain nic.
Of course, if they won in court, all the FDA would have to do is regulate/restrict the use of the nicotine based organic pesticides and those are under their jurisdiction too...
Again, it was mostly a joke.
