US Vape Mail Ban - USPS/FedEx/UPS/DHL

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rosesense

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  • Jan 1, 2010
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    The Entire Deeming Rule Set is ALL Based on One Simple set of text. And that is "Made From or Derived from tobacco".

    So the TFN people are arguing that since their Product is Not "Made From or Derived from tobacco", that the FDA can look elsewhere when it comes to Regulating them.

    Now I think it is all Short Lived. Because I'm sure the FDA will be able to argue that if TFN doesn't fall into a Deeming crack, then it is a Drug.

    But that might take awhile. And the Vacuum is just around the corner if the FDA Doesn't start issuing PMTA's Chop Chop. Cause the Alphabet Groups are getting Itchy for Everything Non-PMTA-ed to be Pulled.

    So the TFN people might have a Decent Run until they are Forced to Stop.
    Well, mods, tanks and atty's aren't made from or derived from tobacco and they require a PMTA so I am confused.
     

    UncLeJunkLe

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    Well, mods, tanks and atty's aren't made from or derived from tobacco and they require a PMTA so I am confused.

    What planet do you live on? All glass, plastics, rubber/silicone, glues, wick materials and metal are derived from tobacco plants. All of them.
     

    zoiDman

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    Well, mods, tanks and atty's aren't made from or derived from tobacco and they require a PMTA so I am confused.

    Those the FDA calls "Tobacco Accessories". Because they are "Reasonably Expected" to be used with a Tobacco Product.

    And Not considered a "Covered Product" unless they are sold with a Product that is, wait for it..., Made from or Derived from Tobacco.

    There Aren't going to be any PMTA's issued for Stand Alone Mods or Tanks or Atty's.
     

    BillW50

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    zoiDman

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    Meaning they will be allowed to be sold as standalone products, no PMTA required, or they won't be able to be sold at all since no PMTAs will be issued for them?

    I think the current FDA will do Everything in it's power to keep Stand Alone Mods, Tanks, Atty's out of the Market.

    And how successful they are is yet to be seen. And much will depend on Exactly how things are Marketed.

    BTW - How would you put a PMTA together for say a Tank if you Can't even tell the FDA What it will be Used with it? Or How it will be Used. Or Who will use it?
     

    zoiDman

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    I am placing my bet here and now that the nic not from tobacco will either not be allowed or will be priced out of this world. They are not going to stand for their regs being circumvented in any way.

    Agreed.

    But maybe a 3 or 4 Month Window will be there before the FDA Axe is Swung. And those like me who Lost all their Nicotine in a Boating Accident can get Stock Up.
     

    rosesense

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    It is hard to know about shipping because there are other issues. For instance, I just had 4 items in an order (not vape related or from a vape vendor) returned to the sender (China). They ship in multiple packages and the other items shipped with no problem. I have contacted them to see what is up.

    I know this isn't a US shipping thing but might be related or relevant to current shipments of vape items.
     

    zoiDman

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    This is from an email I just received from 8 vape:

    Introducing the newest additions to the Alt Zero Lineup...The tobacco-free-nicotine collection! Featuring nicotine not derived from the tobacco plant means this juice can be shipped to any state, regardless of local vape legislation

    Here is an Interesting take on what Bloomberg say's Mitch (Switcheroo) Zeller said...

    "Zeller said that some companies seek to circumvent FDA authority by using synthetic nicotine. This complicates the agency’s efforts because the FDA has authority to regulate tobacco products, but regulations are hazier when it comes to synthetic nicotine. It’s getting harder to tell the lab-made nicotine from the plant-derived version of it, and the agency is investigating the issue, Zeller said, adding that the FDA is talking to Congress about a potential legislative fix."

    FDA Official Says Tobacco Product Reviews Are in ‘Final Stages’

    What makes it Interesting is that if Zeller is going to go to Congress for Legislative help in obtaining a New "Tobacco" authority power, then that would mean a New Rule. And a New Rule Making Process. And we All saw just how Long that took.

    Or it could mean that he wants for Congress to Pass Direct Legislation restricting say the Sale of TFN to the General Public.

    BTW - Note that this all comes from a Bloomberg related source. So take that into consideration. Also Note that above Statement is Not a Direct Quote of what Mr. Switcheroo is supposed to have said.
     

    PapawBrett

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    Ok, I am just an old broken down retired truck driver, so I will ask for help here.
    I extract my own tobacco flavors, using PG in a three month Cold Maceration or heated OEA / VG mixture. I make way more than I use and for several years have given them away, via postal service, to ECF acquaintances.
    Can I still mail flavor extracts, which are actually filtered PG or flavored VG with the tobacco (and tobacco sediment) removed ?
    Or would it be better to not try ?
     
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    UncLeJunkLe

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    Ok, I am just an old broken down retired truck driver, so I will ask for help here.
    I extract my own tobacco flavors, using PG in a three month Cold Maceration or heated OEA / VG mixture. I make way more than I use and for several years have given them away, via postal service, to ECF acquaintances.
    Can I still mail flavor extracts, which are actually filtered PG or flavored VG with the tobacco (and tobacco sediment) removed ?
    Or would it be better to not try ?

    Realistic answer: PM me for it. But give me a day or 2 to respond.

    The quasi-legal, "be safe" answer: because your flavor extracts are intended for vaping and therefore are consider e-liquid, they are considered a tobacco product, regardless if they even have any nicotine content (as of right now, this may change but don't hold your breath). Whether or not they actually have "tobacco" in them is irrelevent. "Tobacco product" has been redefined by the FDA and it's all about intent now. What you have is a tobacco product intended for vaping. So legally speaking it's not like shipping a bottle of water. You have to ship your "flavor extracts" to your buddies following the USPS DMM for cigarette and smokeless tobacco, which will run you about $30 per package & each package must be no heavier than 10 oz, including packaging. There are other rules - see the first post on this thread for more information.
     
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    zoiDman

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    Ok, I am just an old broken down retired truck driver, so I will ask for help here.
    I extract my own tobacco flavors, using PG in a three month Cold Maceration or heated OEA / VG mixture. I make way more than I use and for several years have given them away, via postal service, to ECF acquaintances.
    Can I still mail flavor extracts, which are actually filtered PG or flavored VG with the tobacco (and tobacco sediment) removed ?
    Or would it be better to not try ?

    Me? I Wouldn't attempt it.

    There is a Provision for USPS mailing a "Small-quantity “gift” shipments to individuals". But it sounds like you need to go to the Post Office and have them Approve the Shipment.

    Which I'm sure would include a Bunch of Forms that I wouldn't want to Fill-Out and then have in a Database. Either for Me or for the Person I was Send the Package to.

    And if you Don't fill-out the Forms, and just send it, It would probably 95% of the time go thru Fine. It's the 5% that would Scare Me.
     

    PapawBrett

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    Thanks for the response. I had already posted in the Liquid Extraction from Tobacco forum that I would stop mailing them, but as I stand here, in the kitchen, preparing 11 more extracts, I can't help but think about the waste I will probably throw away this time next year.
     

    Bronze

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    Thanks for the response. I had already posted in the Liquid Extraction from Tobacco forum that I would stop mailing them, but as I stand here, in the kitchen, preparing 11 more extracts, I can't help but think about the waste I will probably throw away this time next year.
    I understand Pop.
     

    KonaNeil

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    While I've been involved since the beginning of vaping and at one time created my own liquids and gave them to friends and strangers trying to quit smoking, the density of my experience in recent years is not great. Still... I can't imagine the post office spending more than zero energy tracking down tobacco products. This isn't marijuana in the 60s.

    With diminished budget and personnel, the post office has so much trouble just getting letters and small packages to the proper recipients that I can't imagine them spending any time doing anything else. Can you really picture them pulling your 4 oz package off the line and sending your two or three little bottles of liquid to a lab?
     

    UncLeJunkLe

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    Right before Christmas I placed a small order with a Chinese vendor who declares shipments honestly as "electronic cigarette/vaporizer", or at least they always have in the past (I haven't ordered from them in over a year). I believe it's waiting for US customs clearance right now because it departed China by air on 1/4 as far as I can tell by the tracking. Let's see if USPS delivers it. May still be a while, though.
     
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