The FDA "is also considering whether to ban online sales of e-cigarettes..."

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pamdis

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Following this logic though, they would then have to ban all sales of stop smoking solutions, patches, gums, etc., as they are also, by this definition, derived from, or derivatives of tobacco. So then what?

No, they very cleverly have defined tobacco products in two steps:

(1) The term ‘tobacco product’ means 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).

‘(2) The term ‘tobacco product’ does not mean an article that is a drug under subsection (g)(1), a device under subsection (h), or a combination product described in section 503(g).
 

NorthOfAtlanta

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No, they very cleverly have defined tobacco products in two steps:

(1) The term ‘tobacco product’ means 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).

‘(2) The term ‘tobacco product’ does not mean an article that is a drug under subsection (g)(1), a device under subsection (h), or a combination product described in section 503(g).


In other words there's two streams of USP nicotine coming from the lab, one marked healthy for BP to use and sell for a large markup and one marked unhealthy for e-cigarette use. BG is in the process of adding their markup (tax) to the unhealthy version but first they are using propaganda to convince the public that e-cigarettes are evil. See the last 30+ years of second hand smoke and non combustible tobacco propaganda for a reference.

Desk Murders All.
 

DC2

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In other words there's two streams of USP nicotine coming from the lab, one marked healthy for BP to use and sell for a large markup and one marked unhealthy for e-cigarette use. BG is in the process of adding their markup (tax) to the unhealthy version but first they are using propaganda to convince the public that e-cigarettes are evil. See the last 30+ years of second hand smoke and non combustible tobacco propaganda for a reference.

Desk Murders All.
Spot on, almost...
:)

I would amend your statement as follows...

In other words there's two streams of USP nicotine coming from the lab, one marked "not particularly addictive" for BP to use and sell for a large markup and one marked "highly addictive and will hook a whole new generation of kids" for e-cigarette use. BG is in the process of adding their markup (tax) to the "highly addictive" version but first they are using propaganda to convince the public that e-cigarettes are evil especially since they use the "highly addictive" variety of nicotine and come in yummy kid flavors.
 

DC2

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The Desk Murders are good at what they do, we need to be better. It is our lives that they are trying to end to fill their pockets.
I don't know if we can ever afford to be as "talented" as them in what they do and how they do it.
But you are certainly correct that we HAVE to do better than what we are doing now.

I just wish I knew how.
 

Bill Godshall

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skoony wrote

hi Bill,
i respect your opinion but how are the going to regulate it with out
having control over internet sales?

Let me clarify.

The FDA deeming reg won't specifically ban Internet sales of e-cigs, but rather it would ban the manufacture, import and sales (at B&M stores as well as via the Internet) of >99% of e-cigs now on the market.

But before issuing cease-and-desist letters to manufacturers and marketers (including B&M retaielrs and Internet vendors) for the banned e-cig products, FDA would first have to approve new product applications for several e-cig products (most likely Reynolds Vuse, Altria's MarkTen, Lorillard's blu, and perhaps a NJOY product), which would be legal to market via the Internet.

While Reynolds and Altria don't market their e-cigs over the Internet, I think NJOY and blu still market their vaporizers on the Internet.

Since the FDA has already sent multiple letters to Internet vendors of cigarettes and smokeless tobacco (including Internet vendors located in foreign countries) informing them of violations of the Tobacco Control Act, I suspect the FDA would do the same with Internet sellers of "banned" e-cigarette products (although the logistics of that appear to be mindboggling, as the FDA would notify each vendor of EVERY banned e-cig brand that they sell).

But since the FDA (and the US Justice Department) have no legal jurisdiction outside of the US, they agency cannot take any legal action against foreign Internet vendors. So if FDA goes through with its plan, I suspect there will be many dozens (or hundreds) of Internet e-cig vendors located in other countries selling to US consumers (just as Internet e-cig vendors in the US have been supplying Canadian vapers with nicotine e-cigs since Health Canada supposedly banned the sale of nicotine containing e-cigs in 2008).
 
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skoony

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skoony wrote



Let me clarify.

The FDA deeming reg won't specifically ban Internet sales of e-cigs, but rather it would ban the manufacture, import and sales (at B&M stores as well as via the Internet) of >99% of e-cigs now on the market.

But before issuing cease-and-desist letters to manufacturers and marketers (including B&M retaielrs and Internet vendors) for the banned e-cig products, FDA would first have to approve new product applications for several e-cig products (most likely Reynolds Vuse, Altria's MarkTen, Lorillard's blu, and perhaps a NJOY product), which would be legal to market via the Internet.

While Reynolds and Altria don't market their e-cigs over the Internet, I think NJOY and blu still market their vaporizers on the Internet.

Since the FDA has already sent multiple letters to Internet vendors of cigarettes and smokeless tobacco (including Internet vendors located in foreign countries) informing them of violations of the Tobacco Control Act, I suspect the FDA would do the same with Internet sellers of "banned" e-cigarette products (although the logistics of that appear to be mindboggling, as the FDA would notify each vendor of EVERY banned e-cig brand that they sell).

But since the FDA (and the US Justice Department) have no legal jurisdiction outside of the US, they agency cannot take any legal action against foreign Internet vendors. So if FDA goes through with its plan, I suspect there will be many dozens (or hundreds) of Internet e-cig vendors located in other countries selling to US consumers (just as Internet e-cig vendors in the US have been supplying Canadian vapers with nicotine e-cigs since Health Canada supposedly banned the sale of nicotine containing e-cigs in 2008).

your correct of course.
i keep forgetting we still would probably have cigalikes
with their tamper proof cartridges.
these of course would be ok.
regards
mike
 

Cool_Breeze

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skoony wrote



Let me clarify.

The FDA deeming reg won't specifically ban Internet sales of e-cigs, but rather it would ban the manufacture, import and sales (at B&M stores as well as via the Internet) of >99% of e-cigs now on the market.

But before issuing cease-and-desist letters to manufacturers and marketers (including B&M retaielrs and Internet vendors) for the banned e-cig products, FDA would first have to approve new product applications for several e-cig products (most likely Reynolds Vuse, Altria's MarkTen, Lorillard's blu, and perhaps a NJOY product), which would be legal to market via the Internet.

While Reynolds and Altria don't market their e-cigs over the Internet, I think NJOY and blu still market their vaporizers on the Internet.

Since the FDA has already sent multiple letters to Internet vendors of cigarettes and smokeless tobacco (including Internet vendors located in foreign countries) informing them of violations of the Tobacco Control Act, I suspect the FDA would do the same with Internet sellers of "banned" e-cigarette products (although the logistics of that appear to be mindboggling, as the FDA would notify each vendor of EVERY banned e-cig brand that they sell).

But since the FDA (and the US Justice Department) have no legal jurisdiction outside of the US, they agency cannot take any legal action against foreign Internet vendors. So if FDA goes through with its plan, I suspect there will be many dozens (or hundreds) of Internet e-cig vendors located in other countries selling to US consumers (just as Internet e-cig vendors in the US have been supplying Canadian vapers with nicotine e-cigs since Health Canada supposedly banned the sale of nicotine containing e-cigs in 2008).

Bill - At this time, do you think the likelihood of the scenario you've outlined actually playing out is great?
 

JustJulie

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skoony wrote

While Reynolds and Altria don't market their e-cigs over the Internet, I think NJOY and blu still market their vaporizers on the Internet.

A slight correction . . . last year Altria purchased Green Smoke, which is marketed on the internet.
 
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