Congress passed the Obama tobacco Law, Obama signed it and since the FDA has missed its deadline by Two yes 2 years, the issue should be revisited as many new scientific, sociological and other studies including the health care cost of 750,000 American tobacco related deaths a year have been published. The Government cannot pass laws then do nothing. There has to be a cut off date that if a law is not enacting years after passage, the Supreme Court should strike that law down.
The FDA has missed its deadline imposed by congress by over two years.
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Is this something that we should write to our representatives about? Or is this something that happens automatically with out our input?
lol law books would be much lighter if this happened without any imput, no, your congressman needs to hear this from you.
its been many years since I last took constitutional law, but I'm fairly certain the FDA would be given an exemption. The reason the FDA would most likely be due to lack of or time needed to gather sufficient evidence.
Yep. They always pull the same excuse: not enough funding. Don't give them any ammunition.
- Apr 2, 2009
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tumbafox claims (in the title and first sentence of this thread posting) that FDA missed a Congressionally imposed deadline in the TCA by two years, but fails to provide any details or documentation of his/her allegation.
I've been carefully monitoring the TCA (ever since Philip Morris, CTFK, GSK, Waxman and Kennedy negotiated and agreed to the legislative deal in 2004), but am unaware of any TCA imposed deadline that FDA has missed by two years.
Please provide more details, or please retract that assertion.
I've been carefully monitoring the TCA (ever since Philip Morris, CTFK, GSK, Waxman and Kennedy negotiated and agreed to the legislative deal in 2004), but am unaware of any TCA imposed deadline that FDA has missed by two years.
Please provide more details, or please retract that assertion.
Thanks Bill...
He's been spamming the board a bit with this statement, and I'd love to know the origin/implications of it, if true.
He's been spamming the board a bit with this statement, and I'd love to know the origin/implications of it, if true.
- Apr 2, 2009
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tumbafox also recently created two other threads on ECF that made inaccurate statements about a now dead bill that was sponsored by NY Senator Kemp Hannon at
http://www.e-cigarette-forum.com/forum/legislation-news/579403-vape-juice-ban.html
and
http://www.e-cigarette-forum.com/fo...w-york-vape-juice-ban-sen-hannon-illegal.html
http://www.e-cigarette-forum.com/forum/legislation-news/579403-vape-juice-ban.html
and
http://www.e-cigarette-forum.com/fo...w-york-vape-juice-ban-sen-hannon-illegal.html
I'll wager that the response to your post will be the proverbial crickets.
This is not the first time, nor will it be the last, that a poster makes bold assertions about what such-and-such law requires, prohibits or permits without, uh, you know, actually citing or quoting the law.
The only thing I can gather that OP is referencing is from FDA's - GR & C document, where it reads:
Not sure how to best reference where this is found on that document, but I would say it is exactly at the halfway point.
And perhaps OP is not aware that FDA did issue such guidance (published in 2011)
I'd like to think that we all agree with OP's sentiment that "the issue should be revisited as many new scientific, sociological and other studies ... have been published" since that time frame (be it 2009 or 2011). And personally, I think FDA is revisiting the issue as noted in proposal documentation and announcement to spend millions to study eCigs.
Not sure how to best reference where this is found on that document, but I would say it is exactly at the halfway point.
And perhaps OP is not aware that FDA did issue such guidance (published in 2011)
I'd like to think that we all agree with OP's sentiment that "the issue should be revisited as many new scientific, sociological and other studies ... have been published" since that time frame (be it 2009 or 2011). And personally, I think FDA is revisiting the issue as noted in proposal documentation and announcement to spend millions to study eCigs.
For those interested...
http://www.gpo.gov/fdsys/pkg/PLAW-111publ31/pdf/PLAW-111publ31.pdf
I am not sure, but I think Section 6 on page 9 of the above document discusses timeframes.
Anybody want to take a look?
I have no idea what "Secretarial Action" means.
http://www.gpo.gov/fdsys/pkg/PLAW-111publ31/pdf/PLAW-111publ31.pdf
I am not sure, but I think Section 6 on page 9 of the above document discusses timeframes.
Anybody want to take a look?
I have no idea what "Secretarial Action" means.
I took a look. Timeframes are discussed in various contexts. Which one are you most interested in?
In my understanding, Secretarial Action refers to responsibilities that HHS Secretary must do as a result of wording in FSPTCA. Time frames there (Sec. 6) are referencing existing products (namely combustible tobacco). Example (put into my own words) would be that Secretary of HHS must convey order to tobacco farmers in a certain time frame with regards to passage of FSPTCA.
Details are spelled out in detail in previous threads and posts which recite the full text of the new law passes in 2009. Why repeat it?
I love Vaping. I don't know what you have against me but why are for making this personal. The bill is NOT DEAD. The NY Senate and Assembly are in recess. This a great opportunity to get ahead of the issue and send all new peer reviewed scientific literature as well as Youtube video from doctors that favor vaping over dying in the pipeline so that when the recess ends. Hopefully Hannon will shut up.
If the Senator read the act, the President grandfathers products that where in the marketplace I believe in Feb 2007. If we all recall this all started with juice and dripping. Tanks and sophisticated vamping items did not exist yet buy several chinese manufactures were supplying the juice at the time of the dead line so that juice has to be covered by the grandfather clause. I am a certified paralegal and I doubt that the esteemed Senator read every word of that law as I did.
If anyone doubts mean just read the legislation for yourself before judging me.
If anyone doubts mean just read the legislation for yourself before judging me.
thank you for your remarks.
Congressman and Senators need to know the issues because they don't have time to read these bills. They are to busy campaigning for their next elections. Their looking for votes, not justice.
Congressman and Senators need to know the issues because they don't have time to read these bills. They are to busy campaigning for their next elections. Their looking for votes, not justice.
I don't think they want to ban vaping. They want to save lives and stop future generations from suffering the fate of past mistakes. And they also are more interesting in being reelected and raising money. This all happens behind close doors. The public does not get to hear the dealmaking that goes on. They want to regulate vaping and I want them to regulate vaping based on solid evidence that nicotine addiction does far less harm than dying of tobacco related disease.
The 4 big tobacco companies are all aboard the vaping market. And they will have much more influence than us. But the U.S. is only 5% of the worlds population and you don't see many american cigarettes in other countries. I believe that Joyetech and Ruyan or Dekang could buy Reynolds and Phillip Morris if they wanted to. They control or rather the chinese control 90% or more of the world vaping industry. Every component in an Apple iPhone is made and assembled in China. There are other issues that cloud what is on the table. Obama is known to be a closet vapor and smoker as are many celebrities like Dicaprio etc. They are not our enemy. its politics, money and power that are at stake for these people.
The 4 big tobacco companies are all aboard the vaping market. And they will have much more influence than us. But the U.S. is only 5% of the worlds population and you don't see many american cigarettes in other countries. I believe that Joyetech and Ruyan or Dekang could buy Reynolds and Phillip Morris if they wanted to. They control or rather the chinese control 90% or more of the world vaping industry. Every component in an Apple iPhone is made and assembled in China. There are other issues that cloud what is on the table. Obama is known to be a closet vapor and smoker as are many celebrities like Dicaprio etc. They are not our enemy. its politics, money and power that are at stake for these people.
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To be grandfathered a product would have had to have been "sold and marketed" in the United States.
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