what is going on with the whole FDA stuff?

[Lessifer]

I absolutely do not understand why businesses, especially ones of the stature of MBV, were not prepared with systems readied. Unless they don't plan on staying in business.

The only thing I can think of is, they may have been waiting to see if there was a common method adopted by multiple states. As it is right now, anything they do will only be good for CA. If any other state passes age verification, it might require something else. I'm guessing it's not a small expenditure, and having to incorporate multiple systems potentially to service multiple states, when the future of e-liquid vendors is itself extremely uncertain... I'm just hoping they start shipping to CA again before they go out of business.

 

[bnrkwest]

yes I am curious about the FDA regulations and state regulations for Texas anybody help please

You will have to see what tobacco laws say because on 8-8-16 the FDA has deemed vape products as tobacco products. We are keeping a watchful eye on our own states on taxing vape products, online sales, etc.

 

[bnrkwest]

Here is what I worry about for vapers in NM, they have a tobacco law on the books already, if vape supplies and e-juice are deemed tobacco by FDA on 8-8-16, we are totally screwed in my state, it will end 8-8-16 for vapers:

Tobacco Master Settlement Agreement
In November 1998, four of the major cigarette manufacturers—Philip Morris, RJ Reynolds, Brown & Williamson and Lorillard—settled lawsuits filed by New Mexico, 45 other states, and the District of Columbia that the State had initiated to recover a portion of the health care costs that cigarette smoking had imposed on the States. This agreement is known as the Tobacco Master Settlement Agreement or "MSA." Under the MSA, the settling cigarette manufacturers agree to certain prohibitions and restrictions on the marketing and advertising of their products and also agree to make annual payments to the States. Since the MSA was first executed over forty cigarette manufacturers have joined the agreement.

In connection with the MSA, the State of New Mexico enacted certain laws that regulate cigarette manufacturers who wish to sell their product in New Mexico. One key statute is located at NMSA 1978, Sections 6-4-12 &13(1999) and is commonly known as the Model Escrow Statute. That statute requires a cigarette product manufacturer (a term which is defined in the statute and in general includes fabricators or first line importers of cigarettes and roll-your-own cigarette tobacco), that wishes to sell its products in New Mexico to either join the MSA and comply with its terms, or to establish an escrow account to the satisfaction of the Office of the Attorney General (OAG) and to make regular payments into that account in accord with Section 6-4-13 as a “non-participating manufacturer.” A failure on the part of a cigarette manufacturer selling its product in New Mexico to abide by the Model Escrow Statute will expose that tobacco product manufacturer to civil penalties and other sanctions.

Additionally, the New Mexico Legislature enacted another statute to complement the tobacco Model Escrow Statute, which can be found at NMSA 1978, Sections 6-4-14 to 6-4-24 (the Escrow Fund Act). Under this law, all tobacco product manufacturers who intend to sell their cigarettes in New Mexico are obligated to first qualify for inclusion in the Tobacco Manufacturers Directory established by the OAG. The Directory contains the brand names and families of cigarettes that are compliant with the New Mexico law, specifically the tobacco Model Escrow Statute and the Escrow Fund Act. Only brand names and brand families in the Directory may be sold in New Mexico. A brand not included in the Directory is considered contraband and subjects its manufacturer to civil penalties and other sanctions and the product to seizure.

 

[Eskie]

That's a pretty long stretch to have the MSA entered into in 1998 apply to e-cig regardless of the FDA deeming it a tobacco product. What is deemed a tobacco product for the sake of FDA regulatory review is not a legal designation of e-cigs as tobacco. As noted in the agreement

That statute requires a cigarette product manufacturer (a term which is defined in the statute and in general includes fabricators or first line importers of cigarettes and roll-your-own cigarette tobacco), that wishes to sell its products in New Mexico to either join the MSA and comply with its terms, or to establish an escrow account to the satisfaction of the Office of the Attorney General (OAG) and to make regular payments into that account in accord with Section 6-4-13 as a “non-participating manufacturer.”

E icgs are neither a cigarette or a roll your own cigarette tobacco. Just as pipe tobacco and cigars did not fall under the MSA. Now, if NM wants to somehow include e-cigs so far after the fact there will be some interesting litigation before that flies. not saying NM will not come up with their own additional restrictions on e-cigs, but they won't do it through that settlement agreement as it would be open the door to legal challenge far too easily.

 

[bnrkwest]

That's a pretty long stretch to have the MSA entered into in 1998 apply to e-cig regardless of the FDA deeming it a tobacco product. What is deemed a tobacco product for the sake of FDA regulatory review is not a legal designation of e-cigs as tobacco. As noted in the agreement


E icgs are neither a cigarette or a roll your own cigarette tobacco. Just as pipe tobacco and cigars did not fall under the MSA. Now, if NM wants to somehow include e-cigs so far after the fact there will be some interesting litigation before that flies. not saying NM will not come up with their own additional restrictions on e-cigs, but they won't do it through that settlement agreement as it would be open the door to legal challenge far too easily.

It was the NM statute that was added, sellers of tobacco have to join a group and can only sell tobacco products on the master list, it is an extra NM statute. Since now vape = tobacco, NM shops have to be tobacco shops and follow these wierd laws. Eek!

 

[bnrkwest]

What I don't know is how or if vape products will be added to the master list since the date of accepted vape products is Feb 2007 stated by FDA that means basically nothing vape related. Time will tell.

 

[Eskie]

The thing with that MSA was it was all about "reimbursing" states for health care costs caused by the use of those cigarette products as of 1998. If someone wanted to bring out a new cigarette under a different name/brand/marketing whatever, they would have to register and pay the state for any ongoing medical care costs that product will cause (of course, just about every state uses that MSA money as general revenue without earmarking it only for health care). E cigs have not been shown to result in a burden of increased medical costs, and applying what was supposed to be punitive damage against tobacco manufacturers for all the lying they did to the public about how "safe" smoking was is downright Kafkaesque.

 

[bnrkwest]

The thing with that MSA was it was all about "reimbursing" states for health care costs caused by the use of those cigarette products as of 1998. If someone wanted to bring out a new cigarette under a different name/brand/marketing whatever, they would have to register and pay the state for any ongoing medical care costs that product will cause (of course, just about every state uses that MSA money as general revenue without earmarking it only for health care). E cigs have not been shown to result in a burden of increased medical costs, and applying what was supposed to be punitive damage against tobacco manufacturers for all the lying they did to the public about how "safe" smoking was is downright Kafkaesque.

That is true, nothing about vape is proven to burden the health care of users, so that is a good thing.

 

[bnrkwest]

I wonder do all sTate's that apply for a tobacco license have to join a state tobacco group, be approved into the group and only allowed to sell approved products like NM does? It seems rather extreme here.

 

[Eskie]

I haven't heard of that before, but when it comes to state law and tobacco, it seems there's no way to predict which way the wind is blowing from one state to another.

Indiana is one I'm finding really way out there. Fine, GMP, clean room, keep records, cool. Security of facility ok. But you're not compounding NARCOTICS and need armed guards and 24 hour video surveillance. Never mind that, but in order to assure you're making your juice safely you can only be certified by a SECURITY firm??? Some rent a cop will decide if your facility meets requirements?

Honestly, I'm getting so tired of hearing what every level of government wants to do to get in on the action, I'm going to be perfectly happy to live off my nic supplies. No more taxes and anyone watching over my shoulder.

 

[bnrkwest]

I haven't heard of that before, but when it comes to state law and tobacco, it seems there's no way to predict which way the wind is blowing from one state to another.

Indiana is one I'm finding really way out there. Fine, GMP, clean room, keep records, cool. Security of facility ok. But you're not compounding NARCOTICS and need armed guards and 24 hour video surveillance. Never mind that, but in order to assure you're making your juice safely you can only be certified by a SECURITY firm??? Some rent a cop will decide if your facility meets requirements?

Honestly, I'm getting so tired of hearing what every level of government wants to do to get in on the action, I'm going to be perfectly happy to live off my nic supplies. No more taxes and anyone watching over my shoulder.

I know Indiana is way over the top! Affecting one of my vendors unfortunately.

 

[MyfriendKaren]

I have been trying to spread the word to my local vapers in Pennsylvania about the looming 40 percent tax. I'm surprised how many are unaware of it. I have written to all local politicians to try and stop it or find a compromise.

 

[Tempesta]

I was born and raised in Indiana, though I haven't lived there in a long time. I am flabbergasted that a normally-conservative state enacted such stringent laws. I have to wonder what other substances they were ingesting when they passed this.

 

[DC2]

I was born and raised in Indiana, though I haven't lived there in a long time. I am flabbergasted that a normally-conservative state enacted such stringent laws. I have to wonder what other substances they were ingesting when they passed this.

Probably champagne and caviar.