US banning is unlawful by their own laws

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I was just on the FDA's wesbsite looking around for how they can be looking into a bill that bans the sale of e-cigs in Illinois yet they haven't ban and continue to allow the sale of analog cancer sticks and I came across this in the Q&A section:

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"Is FDA going to ban tobacco?

No. The law specifically states that FDA cannot ban an entire category of tobacco products, such as cigarettes."

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Well then by that same law they couldnt ban an entire category of non tabacco products, such as e-cigarettes?



Source: Is FDA going to ban tobacco?
 

Hoosier

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Jan 26, 2010
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Um, the FDA, with the F standing for federal, is not banning anything in Illinois. I think you have a state bill confused with regulatory action. Your state reps want to ban PV's.

Next, the FDA has classified PV's drug delivery devices, not tobacco products. This is why so many folks are commenting on the petition to have the FDA re-classify them as tobacco products and making your arguement valid.

The Illinois bill relies on the FDA classification in the current wording.

All vapors should be keeping a close eye on the FDA. All Illinois vapers should be writting and/or calling their state reps.

If you don't show up, the other side wins by default and you know the anti's will be there.
 
Um, the FDA, with the F standing for federal, is not banning anything in Illinois. I think you have a state bill confused with regulatory action. Your state reps want to ban PV's.

Next, the FDA has classified PV's drug delivery devices, not tobacco products. This is why so many folks are commenting on the petition to have the FDA re-classify them as tobacco products and making your arguement valid.

The Illinois bill relies on the FDA classification in the current wording.

All vapors should be keeping a close eye on the FDA. All Illinois vapers should be writting and/or calling their state reps.

If you don't show up, the other side wins by default and you know the anti's will be there.

I was already in touch with Governor Pat Quinn to state my opposal.

And the FDA doesnt need to label pv's as a tobacco product as the bill I am referring to (SB1372) "Amends the Tobacco Accessories and Smoking Herbs Control Act", aka:

"(b) "Smoking herbs" shall mean all substances of plant origin and their derivatives, including but not limited to broom, calea, California poppy, damiana, hops, ginseng, lobelia, jimson weed and other members of the Datura genus, passion flower and wild lettuce, which are processed or sold primarily for use as smoking materials."

Nicotine is an alkaloid found in the nightshade family of plants.....

Sources:
720 ILCS 685/  Tobacco Accessories and Smoking Herbs Control Act.
Illinois General Assembly - Bill Status for SB3174
Nicotine - Wikipedia, the free encyclopedia
 

Hoosier

Vaping Master
ECF Veteran
Jan 26, 2010
8,272
7,903
Indiana
I was already in touch with Governor Pat Quinn to state my opposal.

And the FDA doesnt need to label pv's as a tobacco product as the bill I am referring to (SB1372) "Amends the Tobacco Accessories and Smoking Herbs Control Act", aka:

"(b) "Smoking herbs" shall mean all substances of plant origin and their derivatives, including but not limited to broom, calea, California poppy, damiana, hops, ginseng, lobelia, jimson weed and other members of the Datura genus, passion flower and wild lettuce, which are processed or sold primarily for use as smoking materials."

Nicotine is an alkaloid found in the nightshade family of plants.....

Sources:
720.ILCS.685/..Tobacco Accessories and Smoking Herbs Control Act.
Illinois General Assembly - Bill Status for SB3174
Nicotine - Wikipedia, the free encyclopedia

I thought you were on the SB3174, which starts out with the ban to minors and then the body of the bill goes on to ban the sale to "consumers".

ie: (a-6) Nicotine delivery products. No product containing or delivering nicotine intended or expected for human consumption, or any part of such a product, that is not a tobacco product as defined by 21 U.S.C. 321(rr) shall be distributed or sold in this State or to consumers in the State unless it has been approved or otherwise certified legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction, or for other medical purposes, and is being marketed and sold solely for that approved purpose.

Which, if that wording survives the process would say that a tobacco product classification would exempt PV's. Note also that this wording would close, or move, Cignot and any other Chicago-land supplier without PV's being classified as tobacco products by the FDA who currently classifies them as drug delivery devices.

Good to read you are being vocal with your representatives. Keep up the good fight!
 

Bobnoxious

Senior Member
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Feb 14, 2010
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MI
I see you cherry picked that section from an act prohibiting sales to minors. But as far as pvs go, I cannot see how they can outlaw the sale of the hardware to adults.

Exactly. Someone sell me 1000 batteries. Then I'll look for a device that glows when you hook it up to 3.something volts. It may or may not connect. If it does, it's a flashlight.
 

yanks21

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Feb 17, 2010
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New York
I was just on the FDA's wesbsite looking around for how they can be looking into a bill that bans the sale of e-cigs in Illinois yet they haven't ban and continue to allow the sale of analog cancer sticks and I came across this in the Q&A section:

--------------------------------------------------------
"Is FDA going to ban tobacco?

No. The law specifically states that FDA cannot ban an entire category of tobacco products, such as cigarettes."

---------------------------------------------------------
Well then by that same law they couldnt ban an entire category of non tabacco products, such as e-cigarettes?



Source: Is FDA going to ban tobacco?

E-cigs are not (yet) considered tobacco products.
 
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