Okay, so just to make this clear: the FDA is using this rule to 'open the door' for vaping regulations. They will NOT stop with warning labels and prohibitions to minors. Don't be fooled.
Moving on, I've had a quick look at the unpublished PDF of the proposed rules, and thought I'd share this:
"To deem products that meet the definition of "tobacco product" under the law
except accessories of a proposed deemed tobacco product and subject them to the tobacco control authorities in the FD&C Act"
From:
https://s3.amazonaws.com/public-inspection.federalregister.gov/2014-09491.pdf
The wording used here is really murky, so I'll delve deeper and see what I can find. Reading through the rest of the PDF shows the wording throughout, plus a definition of 'accessories' as:
"FDA considers accessories of proposed deemed products to be those items that are not included as part of a
finished tobacco product or intended or expected to be used by consumers in the consumption of a tobacco product, and we expect that they will not have a significant impact on the public health. In addition, FDA considers accessories to be those items that may be used in the
storage or personal possession of a proposed deemed product."
Those keywords are going to see a lot of play, "finished tobacco product" especially. Further down they give a formal definition of 'tobacco product':
"Section 201(rr) of the FD&C Act (21 U.S.C. 321(rr)), as amended by the Tobacco Control Act, defines the term "tobacco product" to mean "any product made or derived from tobacco that is intended for human consumption,
including any component, part, or accessory of a tobacco product (
except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product)."1
Products that meet the statutory definition
of "tobacco products" can include currently marketed products such as certain dissolvables, gels, hookah tobacco,
electronic cigarettes, cigars, and pipe tobacco."
Now there are two things that I can see here. One: a more firm definition that encompasses anything used for the actual act of vaping into the rule, such as mods, toppers, and drip tips; and Two: A gaping loophole for DIY.
Anyone else find anything interesting?