FDA So what might really happen with regulations/bans? Should we be stocking up?

[DC2]

Regarding face-to-face sales this is what the FSPTCA says...

(4) Remote sales.----

(A) In general.--The Secretary shall--

(i) within 18 months after the date of enactment of the Family Smoking Prevention and tobacco Control Act,
promulgate regulations regarding the sale and distribution of tobacco products that occur through means other than a
direct, face-to-face exchange between a retailer and a consumer in order to prevent the sale and distribution of tobacco
products to individuals who have not attained the minimum age established by applicable law for the purchase of such
products, including requirements for age verification;.

 

[zoiDman]

Regarding face-to-face sales this is what the FSPTCA says...

So if there is a Real Possibility that e-Liquids would be Restricted to Only Face-to-Face Sales. Why is No One (but Me) talking about it?

Seems like there are 10,000 Posts about SE and Grandfather Dates for Hardware. But Very Few Regarding e-Liquid Face-to-Face Sales and or Nicotine Limits.

Isn't e-Liquid Regulations the Immediate and Most Dramatic Threat?

And Can't e-Liquid Regulations/Restrictions be Enacted hours after the FDA Rules have Been Finalized?

 

[DC2]

So if there is a Real Possibility that e-Liquids would be Restricted to Only Face-to-Face Sales. Why is No One (but Me) talking about it?

It has always been my understanding that the FSPTCA had nothing to do with face-to-face sales.
And I'm not aware of anyone else that thought it did either.

 

[zoiDman]

It has always been my understanding that the FSPTCA had nothing to do with face-to-face sales.
And I'm not aware of anyone else that thought it did either.

OK... I Really Hope you are Right.

 

[DC2]

OK... I Really Hope you are Right.

I'm no longer very sure at all.

 

[dragonpuff]

Regarding face-to-face sales this is what the FSPTCA says...

(4) Remote sales.----

(A) In general.--The Secretary shall--

(i) within 18 months after the date of enactment of the Family Smoking Prevention and Tobacco Control Act, promulgate regulations regarding the sale and distribution of tobacco products that occur through means other than a direct, face-to-face exchange between a retailer and a consumer in order to prevent the sale and distribution of tobacco products to individuals who have not attained the minimum age established by applicable law for the purchase of such products, including requirements for age verification;.

It looks to me like the intention of FSPTCA is to regulate online sales for the purpose of preventing sales to minors, not to outright ban them.

Of course, it would be easier to just straight up ban them, but I don't think that's what the original act had in mind. Nevertheless, it doesn't seem to me like the FDA cares at all anymore about what the act had in mind, judging by the proposed deeming...

 

[zoiDman]

It looks to me like the intention of FSPTCA is to regulate online sales for the purpose of preventing sales to minors, not to outright ban them.

Of course, it would be easier to just straight up ban them, but I don't think that's what the original act had in mind. Nevertheless, it doesn't seem to me like the FDA cares at all anymore about what the act had in mind, judging by the proposed deeming...

I believe it is Clearly Stated in the FSPTCA that the FDA Shall Not have the Authority to Ban Tobacco Products. Or to Restrict the Nicotine Content to 0mg.

Now they can Set the Bar SO HIGH that Only BT can Comply. Or Make the Hoop so small that 99% of the Market can Not Compete.

But Outright Ban, No.

 

[WorksForMe]

I believe it is Clearly Stated in the FSPTCA that the FDA Shall Not have the Authority to Ban Tobacco Products. Or to Restrict the Nicotine Content to 0mg.

Now they can Set the Bar SO HIGH that Only BT can Comply. Or Make the Hoop so small that 99% of the Market can Not Compete.

But Outright Ban, No.

I think Dragonpuff was talking about banning online sales, not banning ecigs in general. They could just strengthen online age verification instead.

J.R.

 

[Burnie]

The age verification could be done by requiring an adult to sign for the package on delivery. There is stuff that you can order now (adult stuff) that have that requirement, not when you order it, but when it is delivered. Not that they would think of this, because they don't think. JMHO

Vape On
Burnie

 

[zoiDman]

I think Dragonpuff was talking about banning online sales, not banning ecigs in general. They could just strengthen online age verification instead.

J.R.

Yeah... The Out Right Banning of e-Cigarettes was Never going to Happen. It Doesn't benefit BT. And It does Provide a Constant Revenue Tax Stream for States and the Feds. Banning e-Cigarettes Doesn't Benefit Anyone.

 

[zoiDman]

The age verification could be done by requiring an adult to sign for the package on delivery. There is stuff that you can order now (adult stuff) that have that requirement, not when you order it, but when it is delivered. Not that they would think of this, because they don't think. JMHO

Vape On
Burnie

Well I know the FDA Heard it at Least Once. Because I put this in One Section of my FDA Comment.

 

[DC2]

Yeah... The Out Right Banning of e-Cigarettes was Never going to Happen.

Especially after Judge Leon rendered which essentially prevented the FDA from banning them.

 

[Rossum]

And Can't e-Liquid Regulations/Restrictions be Enacted hours after the FDA Rules have Been Finalized?

I don't think so. Once they are deemed tobacco products, the FDA could certainly propose such regulations, but such proposals would be again subject to a comment period and all the other machinations that are require before regulations can be implemented.

 

[zoiDman]

I don't think so. Once they are deemed tobacco products, the FDA could certainly propose such regulations, but such proposals would be again subject to a comment period and all the other machinations that are require before regulations can be implemented.

I'm Not Sure if there is going to be a Public Comment Period on ever FDA Action regarding e-Liquids.

But I may be Mistaken.

 

[Burnie]

I'm Not Sure if there is going to be a Public Comment Period on ever FDA Action regarding e-Liquids.

But I may be Mistaken.

They never do Anything Else Fast, NOTHING, so why would they really work and do this Fast. For me I am ok as I am stocked up for years, I still worry for the rest of the ones who need/want to get off stinkies who might not have the chance to use vaporizers as we do. Lets just hope they take a long time like normal to do anything.

Vape On
Burnie

 

[Rossum]

I'm Not Sure if there is going to be a Public Comment Period on ever FDA Action regarding e-Liquids.

But I may be Mistaken.

See:
www.reginfo.gov/public/jsp/Utilities/faq.jsp

Q. What is the rulemaking process?

A. Federal regulations are created through a process known as "rulemaking," which is governed by the Administrative Procedure Act (APA) (5 U.S.C. Chapter 5).Click here for a graphical illustration of this process.

Once an agency decides that a regulatory action is necessary or appropriate, it develops and typically publishes a proposed rule in the Federal Register, soliciting comments from the public on the regulatory proposal. After the agency considers this public feedback and makes changes where appropriate,it then publishes a final rule in the Federal Register with a specific date upon which the rule becomes effective and enforceable.In issuing a final rule, the agency must describe and respond to the public comments it received.

 

[Burnie]

See:
www.reginfo.gov/public/jsp/Utilities/faq.jsp

Once an agency decides that a regulatory action is necessary or appropriate, it develops and typically publishes a proposed rule in the Federal Register, soliciting comments from the public on the regulatory proposal. After the agency considers this public feedback and makes changes where appropriate,it then publishes a final rule in the Federal Register with a specific date upon which the rule becomes effective and enforceable.In issuing a final rule, the agency must describe and respond to the public comments it received.

Am I mistaken, is that not what we just went though with the comment period? Now they just have to make the rules and respond to the public comments they already received, not ask for more comments, or am I missing something in the process? I thought we already had our shot at comments and it was not just the rules/law and a date set to become effective. But I could be wrong as I don't really understand how it all works.

Vape On
Burnie

 

[zoiDman]

See:
www.reginfo.gov/public/jsp/Utilities/faq.jsp

We just Commented on the Prosed FDA Rules.

So as I see it, we are in Phase 7.

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

 

[Burnie]

We just Commented on the Prosed FDA Rules.

So as I see it, we are in Phase 7.

Thank You for that, and it does look like Phase 7.

Vape On
Burnie

 

[Rossum]

The proposed deeming regulation (for which the comment period expired on August 8th) contains no "immediate restrictions". It contains a two year grace period on just about everything, after which product approvals would be needed (but it's not clear exactly what products would require them). All it really does is give the FDA the power to propose specific new regulations covering the deemed products (which currently aren't under its jurisdiction at all!) but such new regulations would again have to go through the regulatory process -- that's the only way to "enact" regulations.