Question about regulation or bans?

[the_vape_nerd]

I'm hoping maybe some of the people versed in the legislation aspect of ecigs can answer this for me.

It seems to me that the only thing they could regulate would be the liquid. Like the devices don't even contain any nicotine. And theorectically could be used in other applications. Is my assumption correct here?

 

[Vocalek]

That's an open question. My guess would be that the FDA will try to regulate everything under the sun, which the users, manufacturers, and vendors will oppose.

BTW: In case you are unfamiliar with the process, the Federal government must post any proposed regulation in the Federal Register and allow an open public comment period. It is uncertain how they weigh these comments. Or whether they bother to weigh them at all, and just go through the motions.

"We let the public have their say." (And then we went ahead and did what we wanted.)

A web site called Regulations.gov carries copies of the proposed regulations and provides a way to comment online.

So far, no proposed regulations have been posted by the FDA for e-cigarettes, but there is a call for information from the FDA on the issue of tobacco product sales that take place without face-to-face contact, via the internet, mail order, or catalog sales. This could end up impacting e-cigarettes because of the fact that most sales these days are done via the internet.

 

[BardicDruid]

The liquid is what will get hit with the tax since it's all that has nicotine, as far as a ban they tried that in 2009 and lost.

 

[the_vape_nerd]

Vocalek, I'm somewhat familiar with the process in that I understand how regulations come about and are codified, etc. I work as a paralegal so I know generally a little bit more than the average Joe but not as much as you guys who are reading this stuff everyday. Thanks for your answer, you seem to be very knowledgeable.

 

[Bill Godshall]

jbankston inquired

It seems to me that the only thing they could regulate would be the liquid.

Don't know who/what you mean by "they", but please note that the FDA now has the authority to regulate tobacco products (which is defined as any product derived from tobacco and intended for human consumption) but they haven't don't so (although they stated an intent to do so in the future.

States also have the legal authority to ban and/or regulate e-cigarettes and/or e-liquid, but none have done so yet.

Also, some municipalities and local Boards of Health also appear to have the legal authority to regulate e-cigarettes and/or e-liquid, and several local BOHs in MA have banned their sales.

Congress, states and many local governments (depending upon the state) also have the legal authority to regulate the use of e-cigarettes and/or e-liquid. So far NJ is the only state that has banned their usage in workplaces, but I'm not aware of any citations issued (nor even warnings) issued in NJ since that law went into effect more than a year ago. Several dozen municipalities and local BOHs have also banned the usage of e-cigs in workplaces, but I'm also not aware of any citations or warnings issued for violations.

 

[the_vape_nerd]

jbankston inquired



Don't know who/what you mean by "they", but please note that the FDA now has the authority to regulate tobacco products (which is defined as any product derived from tobacco and intended for human consumption) but they haven't don't so (although they stated an intent to do so in the future.

States also have the legal authority to ban and/or regulate e-cigarettes and/or e-liquid, but none have done so yet.

Also, some municipalities and local Boards of Health also appear to have the legal authority to regulate e-cigarettes and/or e-liquid, and several local BOHs in MA have banned their sales.

Congress, states and many local governments (depending upon the state) also have the legal authority to regulate the use of e-cigarettes and/or e-liquid. So far NJ is the only state that has banned their usage in workplaces, but I'm not aware of any citations issued (nor even warnings) issued in NJ since that law went into effect more than a year ago. Several dozen municipalities and local BOHs have also banned the usage of e-cigs in workplaces, but I'm also not aware of any citations or warnings issued for violations.

I guess my question or point is this. The only thing that makes a device an e-cigarette or a "tobacco product" is when and only when it loaded with liquid nicotine juice. Batteries themselves have many different uses do they not? Atomizers are designed for the purpose of heating the liquid and producing a vapor, but that does not mean that someone, somewhere doesn't have another use for those and could theoretically get away with marketing them as something else. Sort of in the same way that bongs are legal. We all know what the vast majority of people are using them for, but since they can be used to smoke tobacco or in any other of a hundred million uses only limited by imagination, their sale is not regulated or banned.

Another interesting aside is what happens in the case of liquid that is consumed that has a 0 nicotine level. Can this be regulated? How could it be a tobacco product if nothing in it at all comes from the tobacco plant? And couldn't the hardware...be marketed as a vaporizing device? What would the courts' take on 0mg vapor be? Seems to me the hardware manufacturers and distributors would simply say "we market and sell this for the purpose of vaporizing 0mg liquid, once people get the device, we have no control over what they do with it".

 

[DC2]

Sort of in the same way that bongs are legal.

Might want to check these out before coming to any hard conclusions on this...
REGION: Raided smoke shops back in business
Floridian: A crack pipe by any other name