Folks - I didn't read all 14 pages of this thread, so I apologize up front if this (or something similar) was posted somewhere before.
I will also start out with - I'm not a lawyer, but I do have to interperet laws for my job... and I apologize for the length of this post...
*********************
There are two acts trying to control TOBACCO sales -
- one regarding mailing of (PACT Act of 2009)
- another regarding flavored tobaccos inticing minors to start smoking (The Family Smoking Prevention and Tobacco Control Act of 2009)
*********************
PACT Act of 2009
Two definitions taken from the full text of the bill:
(2) CIGARETTE-
(A) IN GENERAL- The term cigarette--
(i) has the meaning given that term in section 2341 of title 18, United States Code; and
(ii) includes roll-your-own tobacco (as defined in section 5702 of the Internal Revenue Code of 1986).
(12) SMOKELESS TOBACCO- The term smokeless tobacco means any finely cut, ground, powdered, or leaf tobacco, or other product containing tobacco, that is intended to be placed in the oral or nasal cavity or otherwise consumed without being combusted.
The definition in section 2341 of title 18, United States Code, referred to above:
(1) the term cigarette means
(A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and
(B) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph (A);
Based on these and reading thru the rest of the bill I would conclude that E-Cigs, their components and the nic liquid are not subject to this bill.
The bill is specifically referring to and dealing with Tobacco, in its leafy form (be it shredded, powdered, etc).
No where does the bill approach nic liquid being derived from tobacco. While derived from tobacco; it does not contain any tobacco.
While they use the term tobacco products generally throughout the bill, it is only as defined in the definitions which is cigarettes and smokeless tobacco.
*********************
The Family Smoking Prevention and Tobacco Control Act of 2009
In here are these definitions:
*****
"cigarette" includes any product that―
(a) consists wholly or partly of cut, shredded or manufactured tobacco or of any tobacco derivative or substance, rolled up in paper; and
(b) is capable of being immediately used for smoking;
"smoking", with its grammatical variations, means puffing or inhaling and expelling the smoke of any tobacco product and includes the holding of, or control over, any ignited tobacco product;
"tobacco" means any product obtained from the leaf of the Nicotiana tobacum or Nicotiana rusticum plant or other related plants;
"tobacco product" means any tobacco or cigarette or any other product the main ingredient of which is tobacco and which is designed for human consumption in any manner;
*****
'Cigarette', 'smoking' and 'tobacco product' clearly are referring to the tobacco leaf products...
In this Act, only their definition of 'tobacco' could be extended to include nic liquid ("...any product obtained from ..."); but even that would be a major stretch in the context of the rest of the Act; or, for that matter, the dictionary definition...
*****
to-bac-co /tuh-BAK-oh/
noun, plural -cos, -coes.
1. any of several plants belonging to the genus Nicotiana, of the nightshade family, esp. one of those species, as N. tabacum, whose leaves are prepared for smoking or chewing or as snuff.
2. the prepared leaves, as used in cigarettes, cigars, and pipes.
3. any of various similar plants of other genera.
*****
The Act is targeted at true, actual cigarettes intended to be ignited, burned and the smoke inhaled.
*********************
I think we are giving them way too much credit for being that close to new technology
JMHO
-bogie
