(I'm a small online retailer and new to the forum; it appears I need to post first rather than in regulation.)
Realistically, I don't see FDA regulations outlawing ecigs. If anything, FDA regulation will only apply to juice which contains nicotine. (I am slightly concerned about being blindsided that batteries/cartridges are deemed a medical device (atomizer), but then again, if the liquid is pre-filled, the previous case that njoy fought did say that 'ecigs' are MRTBs, and not devices... Part-and-Parcel dilemma here.)
Issues which I ponder for online retailers in a post-New Regulation world and would love anyone else's perspective on:
1.) Taxes & reporting.
The FDA cannot impose taxes, right? And Tobacco tax law is written elsewhere, so even though PACT calls for taxes to be collected and remitted, there would not be any new tax treatment as eCigs still wouldn't fall under the TAXABLE definition of tobacco. However, under PACT, reporting of sales to is required (or like taxes, isn't covered)?
2.) Delivery via USPS.
We're losing here. Hello FedEx adult signature.
3.) Flavorings
I think we lose here.
4.) Good manufacturing practices
SGS batch testing and $1K a pop... Hopefully could piggy-back on manufacturer's batch tests.
5.) Age verification
Anything else?
next question:
Do eCigs HAVE to be considered a MRTB?
A) does the MRTB classification allow for "its safer" marketing?
B) If not considered and MRTB, then what are they
Appreciate your replies.
Thanks
Realistically, I don't see FDA regulations outlawing ecigs. If anything, FDA regulation will only apply to juice which contains nicotine. (I am slightly concerned about being blindsided that batteries/cartridges are deemed a medical device (atomizer), but then again, if the liquid is pre-filled, the previous case that njoy fought did say that 'ecigs' are MRTBs, and not devices... Part-and-Parcel dilemma here.)
Issues which I ponder for online retailers in a post-New Regulation world and would love anyone else's perspective on:
1.) Taxes & reporting.
The FDA cannot impose taxes, right? And Tobacco tax law is written elsewhere, so even though PACT calls for taxes to be collected and remitted, there would not be any new tax treatment as eCigs still wouldn't fall under the TAXABLE definition of tobacco. However, under PACT, reporting of sales to is required (or like taxes, isn't covered)?
2.) Delivery via USPS.
We're losing here. Hello FedEx adult signature.
3.) Flavorings
I think we lose here.
4.) Good manufacturing practices
SGS batch testing and $1K a pop... Hopefully could piggy-back on manufacturer's batch tests.
5.) Age verification
Anything else?
next question:
Do eCigs HAVE to be considered a MRTB?
A) does the MRTB classification allow for "its safer" marketing?
B) If not considered and MRTB, then what are they
Appreciate your replies.
Thanks
