The FDA is threatening my life...

Status
Not open for further replies.

Magvapocent

Full Member
Feb 6, 2013
9
2
Long Beach
This is what I emailed my congress and senate representatives. It is a copy of a letter from another thread (thank you searchin4answers ) and I enhanced it to make it personal and I shortened it to fit into a 5000 or less character email format.

Feel free to use and email your representatives.


My life is being threatened by the FDA! Please allow me to explain:
The FDA has stated its intent to propose (by the end of October) the “deeming” regulation to apply Chapter IX of the 2009 tobacco Control Act (TCA) to all e-cigarettes (e-cigs), and to propose additional regulations for e-cigs. However, Chapter 910 of the TCA would ban all e-cigs currently on the market, Chapter 911 would prohibit e-cigcompanies from truthfully claiming the products are “smokefree” or are less hazardous than cigarettes, and the rest of Chapter IX and other likely e-cig regulations would give the entire e-cig industry to Big Tobacco (and perhaps several large companies that market “Cigalikes”).
As per the 10th amendment of the Constitution of the United States, the power to regulate local matters concerning the health, safety, and morality of state residents was inherently defined as a police power, meaning that such a power was reserved for the states, NOT the federal government. This legal basis alone should be reason enough to vote against this upcoming regulatory act.
- e-cigs have helped us quit smoking and/or reduce cigarette consumption.
- the “deeming” regulation would ban all e-cigs currently on the market per Section 910,
- FDA already unlawfully banned e-cigs in 2009 until federal judges struck it down in 2010,
- FDA has made false and misleading fear mongering claims about e-cigs since 2009,
- the “deeming” regulation would give the entire e-cig industry to Big Tobacco (and perhaps a few large e-cig companies) even if the FDA exempts e-cigs from Section 910,
- virtually all e-cigs are consumed by smokers and ex-smokers who switched to e-cigs,
- the CDC has falsely claimed e-cigs are addicting youth and are gateways to cigarettes,
- States (not FDA) should ban e-cig sales to minors and 25 states already have done so,
- Section 911 of the TCA would prohibit companies from truthfully saying that e-cigs “emit no smoke” and are less hazardous
alternatives to cigarettes,
- additional FDA regulations for e-cigs (e.g. sales/marketing restrictions, nicotine restrictions, flavoring restrictions, e-liquid sales ban) could deny me and other consumers of legal and/or affordable access to e-cig products we now consume.
I would like to give a brief description of the device in question. A liquid composed of vegetable glycerin and/or propylene glycol, which are both organic compounds defined as generally safe by the FDA, is infused with nicotine (or no nicotine, depending on individual preference.) This liquid is then electronically vaporized at a temperature of 185 degrees fahrenheit and inhaled by the user to mimic the effects of a cigarette. Using the device is considered to be an act of 'vaporizing', not smoking. This is because the temperature of combustion is not being reached. There is nothing burning, no smoke, no combustion.
The device is quite simple and very effective. I used to smoke up to 2 packs a day for over 30 years. Now, after a year of using a personal vaporizer, I don't smoke 2 packs of cigarettes a day anymore!!! My energy has improved, my sleep has improved, my lungs have improved, I stopped coughing all day, my blood flow has increased, my appetite has grown stable, my sense of smell and taste has completely recovered!
These personal vaporizers come without the 4,000+ chemicals wrapped up in tobacco form. I've tried smoking cessation tips and tricks, and drugs, however, nothing but the ecig has ever worked to keep me from smoking those 2 packs of cigarettes a day!
I feel personally hurt, offended, angered, and attacked by this regulatory attempt as e-cigarettes have saved my life from the well-documented harmful effects of smoking cigarettes. Do you have family, friends, or loved ones who smoke cigarettes? Would you not defend their constitutional right to regulate and improve their health as they see fit? I would like to believe that you would.
I ask of you to represent me, current smokers, former smokers, and the Constitution itself by voting NO on the alignment of electronic cigarettes with Chapter IX of the TCA. The FDA has made false and misleading fear mongering claims about e-cigs since 2009. To this day, news articles, anti-tobacco zealots, even the common public, still believe the false claims they made. The FDA made a huge impact, for the wrong reasons. They want them to be classified as drugs, so they can collect exorbitant fees to test them, perhaps. The “deeming” regulation would give the entire e-cig industry to Big Tobacco even if the FDA exempts e-cigs from Section 910. Banning online sales, in favor of big tobacco products sold at gas stations and convenience stores, is detrimental to small vendors and consumers alike. That would kill the economical growth and the American spirit both.
 

tombaker

Moved On
Oct 21, 2013
323
228
The horses are out of the gate. They are not going to get them back.
1. Its meaningless what E-Cig companies can claim. They probably should not even mention Cigarettes. WHO CARES
2. Smokefree is a term used in a Cancer producing product. Called Chewing Tobacco. It is a dumb marketer who wants to continue that term for Vaping, its already linked to Tobacco....where Vaping should only be linked to Nicotine.

Vaping is at no current risk of being banned. Unless they ban nicotine entirely. And that is a huge hurdle. Every patch, and chewing gum would no longer be able to be sold over the counter. Its very very unlikely, probably 1000 times more likely than a meteor destroying the earth in the next 50 years.....so yeah, there is risk, but don't panic.

Regulation for E-Cigs.....what are we talking about?
Provided it does not increase costs, not sure if I care at all.
Regulations....lets see em....let them propose them already
 

retired1

Administrator
Admin
Supporting Member
ECF Veteran
Verified Member
Apr 5, 2013
51,291
46,015
Texas
Vaping is at no current risk of being banned. Unless they ban nicotine entirely. And that is a huge hurdle. Every patch, and chewing gum would no longer be able to be sold over the counter. Its very very unlikely, probably 1000 times more likely than a meteor destroying the earth in the next 50 years.....so yeah, there is risk, but don't panic.

We are entering a period where what we do to convince our elected officials will dictate what happens to vaping, and yes, vaping has never been under fire as it is today.

http://www.e-cigarette-forum.com/fo...op-fda-giving-e-cig-industry-big-tobacco.html

Unless the vaping community as a whole stands up and tells our elected officials that FDA attempts to regulate vaping the same as tobacco products is inherently wrong, you may indeed find that your ability to vape is legislated out of existence.

Now is the time to get active. Saying they're not going to do anything is wishful thinking.
 

names

Full Member
Oct 21, 2013
52
24
WA
Rather than write convincing statements, it might be interesting to ask, "are you in the pocket of special interest groups." Better yet, find out where your senator or representatives get their campaign donations. The majority will be from special interest groups. If big tobacco is one of them, you've already lost the battle.

Voters and constituents do not matter any more in corporate America.
 

OlDogNewTricks

Ultra Member
ECF Veteran
Aug 21, 2013
1,061
757
Venice, FL
  • Deleted by retired1
  • Reason: Inappropriate and not germane to the topic. We don't discuss alternative products for vaping.

Cr0tchF4i

Senior Member
ECF Veteran
Verified Member
Jul 25, 2013
247
189
San Diego, CA
Good for you. A little of a dramatic way to begin the letter, and may have cost you a bit of credibility but overall good for you.

They get countless letters, emails and other random communication non stop. It's an attention grabber. I personally wouldn't use the word "threatening" but close enough.
 

tombaker

Moved On
Oct 21, 2013
323
228
We are entering a period where what we do to convince our elected officials will dictate what happens to vaping, and yes, vaping has never been under fire as it is today.

http://www.e-cigarette-forum.com/fo...op-fda-giving-e-cig-industry-big-tobacco.html

Unless the vaping community as a whole stands up and tells our elected officials that FDA attempts to regulate vaping the same as tobacco products is inherently wrong, you may indeed find that your ability to vape is legislated out of existence.

Now is the time to get active. Saying they're not going to do anything is wishful thinking.

retired1, unfortunately you are spreading FUD about things it is doubtful you are informed enough to preach about, nor present yourself as the authority of. Because of your own personal need for being fearful does not necessitate the entire ECF forum to move lock step with your every whim. The Vaping community does not need to STAND AS WHOLE to fight off Vaping being "legislated out of existence". It's a monster under your bed, but that is ONLY your perception.

1. There is a difference of Vaping and selling electronic cigarettes. The FDA is concerned about how drugs are presented to the populous, as they should. There is no reason to Market E-Cigs as a smoking censation device. It crosses lines for zero benefit. It is obvious enough of a relationship where they don't need to make marketing claims. The key is marketing claims.
2. The ruling has already been upheld that E-Cig devices. READ IT "This case appears to be yet another example of FDA's aggressive efforts to regulate recreational tobacco products as drugs or devices, Unfortunately it's tenacious drive to maximize its regulatory power has resulted in its advocacy of an interpretation of the relevant law that I find, at first blush, to be unreasonable and unacceptable."
3. Stop telling people that Vaping and/or E-Cigs are "smokeless" Why? Because "Smokeless" in the world of Tabacco is a legal term. A legal term that DOES not apply to E-Cigs.
4. The Government defines Nicotine as a Tobacco Free product already. And includes E-Cigarettes in this category. SEE What I found here. http://www.womenshealth.gov/smoking...bacco-nicotine-products.html#nicotineProducts
5. Its going to be a stretch to put nicotine into the Tobacco classification, because that would be a move away from the current standard. But if it goes that way, remember the language of the law in question says "The law also imposes certain limits on FDA authority. The agency cannot ban conventional tobacco products, such as cigarettes and smokeless tobacco, or require the total elimination of nicotine in tobacco products." The end effect is that E-Liquid should be pretty safe from being as you so woefully fear as being twaken away.
6. Diethylene glycol is found in some E-Liquid when tested, I have no reason to stand with them, besides to push then out the door.
7. Don't forgot to read, what 910 can do...and why.
Denial of application

The Secretary shall deny an application submitted under subsection (b) if, upon the basis of the information submitted to the Secretary as part of the application and any other information before the Secretary with respect to such tobacco product, the Secretary finds that—

(A) there is a lack of a showing that permitting such tobacco product to be marketed would be appropriate for the protection of the public health;

(B) the methods used in, or the facilities or controls used for, the manufacture, processing, or packing of such tobacco product do not conform to the requirements of section 387f(e) of this title;

(C) based on a fair evaluation of all material facts, the proposed labeling is false or misleading in any particular; or

(D) such tobacco product is not shown to conform in all respects to a tobacco product standard in effect under section 387g of this title, and there is a lack of adequate information to justify the deviation from such standard.
Notice all the language about the Marketing....well that is what the FDA can do, restrict that, and then they can stop terrible manufacturing methods. The regulations IF they come, are going to hit the big guys, the national brands, People brewing up e-juice on their kitchen table, will still be able to slap a label on it and go.

You can be in fear, and worry, the Sky is falling according to one Chicken Little, and we must muster everyone together to fix it.....
or you can use the real information. Vaping is not Smokeless Tobacco, A Carto/Clearo/Tank + Battery can not be ruled and regulated as a drug device. FDA has No Authority over Electronic Cigarettes as a Drug Device So the E-Cig is not going anywhere, the hardware side. Nicotine is not Tobacco, as already acknowledged by the Government, see the link I found above. So E-liquid falls under all the categories of legal Nicotine. BUT if not that, its ruled some other way in the future. The Tobacco Law in question won't allow the product to be banned. And the items where it can be controlled are listed out.

Ask everyone to join hands, sing Kumbaya, write letters, panic, uncertainty, doubt, if you must, But realize that the last court decision was significant, and its not ALL STARTING AGAIN, and all the breathless panic sell for action, does not mean that action is going to be meaningful And be thankful that there are enough big E-cig companies out there to hire the lawyers to argue for things mostly already decided.

A filled carto with nicotince MAY get some regulations about Marketing it, but Vaping is not under threat of any significance, other than public usage laws....but that is an entirely different topic.

....Please do not alter this content, as done previously
 

DaydreamingRobot

Senior Member
ECF Veteran
Sep 19, 2013
116
50
Ny
This thread needs a bump. Tom pretty much says all the things I dont have the intelect to say lol but, I totally agree. I dont know if im the only one or not but, I would like to see some regulation. Ejuice makers can put anything they want in unregulated products and produce in any facility, including their basment lol. Id like a legal guarante of what is in my e-liquid. Heck people used to trust big tobaco.....
 

Talyon

Vape 4 Life
ECF Veteran
Verified Member
Feb 21, 2013
3,176
3,975
Toronto
The horses are out of the gate. They are not going to get them back.
1. Its meaningless what E-Cig companies can claim. They probably should not even mention Cigarettes. WHO CARES
2. Smokefree is a term used in a Cancer producing product. Called Chewing Tobacco. It is a dumb marketer who wants to continue that term for Vaping, its already linked to Tobacco....where Vaping should only be linked to Nicotine.

Vaping is at no current risk of being banned. Unless they ban nicotine entirely. And that is a huge hurdle. Every patch, and chewing gum would no longer be able to be sold over the counter. Its very very unlikely, probably 1000 times more likely than a meteor destroying the earth in the next 50 years.....so yeah, there is risk, but don't panic.

Regulation for E-Cigs.....what are we talking about?
Provided it does not increase costs, not sure if I care at all.
Regulations....lets see em....let them propose them already

On one hand u are correct but let me say it here properly BT's brand of Vapeing won't be banned just ours.

Trick or Treat time is coming, pick which one the FDA well be saying.
 

Charlie C

Super Member
ECF Veteran
Verified Member
I recall the Tea Party getting a lashing from the media and general public.
Irrespective of politics, you must admire the people who are prepared to get out there, voice their beliefs and speak their minds.

A lot of people talk.
It's the ones who do the walk that impress me.

Look, Vaping will never go away as there's absolutely no way to stop it.
Hardware will always be manufactured.
E Liquid will be too and if by chance stringent regulations become too much of a hurdle for American or Euro juice makers, there's always DIY.
Nicotine and flavors are never going away.
 
Status
Not open for further replies.

Users who are viewing this thread