I will repeat myself. There is nothing in the tobacco control act that would give the FDA authority to limit shipping. Of course some other law could be created to limit shipping, but as of today that doesn't exist.
I have never said other wise. What I have said is the PACT ACT wouldn't
stop further limitations enacted by regulatory authority or new regulations.
I think this distinction is important. The deeming reg.'s as written seem to imply
the FDA has quite a bit of discretion concerning what they can do and how far
they can expand their authority. All that is needed is for them to shoe horn a definition
that would fall under its scope. The health safety and the protect the chillin' clause
gives them a mighty big shoe horn.
This time last year people were pretty much telling me what the FDA could do
or not do in the released regs. I said it would be the whole nine yards. The tanks,
wicks,juice,batteries,drip tips etc.. ,(zero nic is gone as soon as they ok a vaping
device as meeting the criteria of a compliant product). Any thing used or can reasonably
be expected to be used with a tobacco product as described in section bla-bla would
be considered a tobacco product and subject to the provisions of the deeming regulations.
This means zero nic would have to be covered. This means nic base woud be covered
as it would be reasonably expected to be used in a approved product.
Regards
Mike
