(8) "Tobacco substitute" means products including electronic cigarettes or other electronic or battery-powered devices that contain and are designed to deliver nicotine or other substances into the body through inhaling vapor and that have not been approved by the United States Food and Drug Administration for tobacco cessation or other medical purposes. (Added 1991, No. 70, § 2, eff. May 1, 1992; amended 1999, No. 89 (Adj. Sess.), § 1; 2007, No. 114 (Adj. Sess.), § 3; 2011, No. 166 (Adj. Sess.), § 2; 2013, No. 14, § 1.)
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Thank you for looking this up Bill and your analysis.
I see a problem with the definition used by Vermont to define "Tobacco Substitutes" (plz correct me if my memory does not serve me right). It appears that Vermont used the FDA's first regulatory attempt to regulate e-cogs as a medical device. This was shot down by the courts.
So by the standard ("Tobacco Substitutes") that Vermont uses it is an impossible situation as far as it ever being approved FDA with that criteria.
Not having the legal credentials say assess what that means I can only speculate that
1: This law would never be enforceable or
2:E-Cigs (w/nic) could never be approved , but enforceable.
The draft wording of this bill sounds like a feel good bill for politicians. Coming out against something (smoking) and adding a few more spices to it, most people would feel good about that. Maybe I ought to send those Politicians my leftover Chantix, that stuff should be good for something : )