What is the law as far as selling nicotine?

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Zben504

Unregistered Supplier
ECF Veteran
Apr 11, 2009
126
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Tulsa, OK
www.VaporBliss.com
I do use and love vaping and think it is SO very much healthier then smoking analogs. I have started a thread called "A pharmacists point of view" in this subforum. Rather then having to retype everything I'll try to link you to it. But bear with me, it's the 1st time I've tried this.

http://www.e-cigarette-forum.com/forum/law-e-cigarette/26895-pharmacists-point-view.html

Your thread makes me feel a lot better about the whole situation. I'm sure I would be notified that I need to shut down before enforcement action would be used.
 

dedmonwakin

Super Member
ECF Veteran
Apr 16, 2009
584
7
Destin,FL.
you do realize that I am a mere small fish in a huge pond of e-cig sellers. When the hammer comes down on a few big guys it's time to rethink how we do business. If it's a violation of federal laws why has noone been repremanded?
Just keep this in mind. Small fish are typically used to catch big fish as I'm sure you've heard.

Let me help enlighten your perception, you're a supplier...you are big fish, we buyers are little fish. Your thinking in terms of financially bigger suppliers, not in terms of being made an example of. And if you don't think that you are in that category, then remember this, common practice for authorities to pick on the little guy before the big guys.

who's to say they aren't keeping tabs of everyone that supplies eliquid? Most of the suppliers are listed on this site, so not much leg work needed. They may not be doing anything yet and they don't have to. But, wait till something tragic happens(knock on wood.)

For example, go to the general discussion thread. Look at the thread that is tittled, "Still can't breathe." There are so many stubborn and ignorant people out there that wait till it's too late.

Sure it's a strong possibility that his symptoms are not associated to the ecig realm...........

But since when do you need proof to gather a witch hunt party?

Get Real legal advice, as I'm sure you've heard from your parents....."Don't worry about what everyone else is doing, worry about you."

edit-although I personally don't think it's illegal to have or sell it at this point. I do believe authorities have legal grounds to confiscate any suppliers or buyers liquid on the grounds that it has not been determined safe to possess or sell. Even more so if you possess large quantities for the intent to sell.

So, you may not be in fear of fines or imprisonment....but I would be in fear of a heavy financial loss.

I can buy as many boxes of nicotine patches I want.......would I be clear of any legal issues if I turned around and sold them at my weekly garage sale? Negative, I'm not licensed.

I'm not trying to scare you and I'm not trying to be right. I'm the last guy that wants to say I told you so. Just a member trying to look out for one another.
 
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STILLSMOK9

Ultra Member
ECF Veteran
Apr 22, 2009
1,042
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Esoteric State of America
Just keep this in mind. Small fish are typically used to catch big fish as I'm sure you've heard.

Who's to say they aren't keeping tabs of everyone that supplies eliquid? Most of the suppliers are listed on this site, so not much leg work needed. They may not be doing anything yet and they don't have to. But, wait till something tragic happens(knock on wood.)

For example, go to the general discussion thread. Look at the thread that is tittled, "Still can't breath." There are so many stubborn and ignorant people out there that wait till it's too late.

Sure it's a strong possibility that his symptoms are not associated to the ecig realm...........

But since when do you need proof to gather a witch hunt party?

Get Real legal advice, as I'm sure you've heard from your parents....."Don't worry about what everyone else is doing, worry about you."

edit-although I personally don't think it's illegal to have or sell it at this point. I do believe authorities have legal grounds to confiscate any suppliers or buyers liquid on the grounds that it has not been determined safe to possess or sell. Even more so if you possess large quantities for the intent to sell.

So, you may not be in fear of fines or imprisonment....but I would be in fear of a heavy financial loss.

I can buy as many boxes of nicotine patches I want.......would I be clear of any legal issues if I turned around and sold them at my weekly garage sale? Negative, I'm not licensed.
Well put DMW!!

Just watch your asstric* and do not put all your eggs in the e-cig basket ;)
 

Kate51

Vaping Master
ECF Veteran
Mar 27, 2009
3,031
22
78
Argyle Wi USA
Kate--Johnson Creek only has registared with the FDA, they have no approval with the FDA whatsoever. Registration can be obtained by anyone, but what they sell is quite a different matter.

Sun
Sun, that's absolutely right, I miss spoke, they are registered, not approved. Thanks!
 

Sun Vaporer

Moved On
ECF Veteran
Jan 2, 2009
10,146
27
Florida
Sun, that's absolutely right, I miss spoke, they are registered, not approved. Thanks!


Kate--You really did not misspeak at all---Johnson Creek knows very well that when people see that, it is fair to assume that they are FDA approved---IMO it is misleading and they should not post that on their website. It really is deceptive in my book and I have called them on it, but to no avail.

Sun
 

Metatron

Moved On
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Sep 28, 2008
87
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  • Deleted by ZambucaLu
  • Reason: inflammatory remarks

chad

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ECF Veteran
Verified Member
Jul 6, 2009
512
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NY, USA
cybervapor.com
Kate--You really did not misspeak at all---Johnson Creek knows very well that when people see that, it is fair to assume that they are FDA approved---IMO it is misleading and they should not post that on their website. It really is deceptive in my book and I have called them on it, but to no avail.

Sun

I kinda fell for it too but then I saw their FAQ which explains their claim. It actually made me feel a bit better seeing that.
 

Metatron

Moved On
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Sep 28, 2008
87
0
Tampa, Florida
I'm not scared. If we get shut down we get shut down. Don't make health or cessation claims. If the federal government wants to stop us we will likely receive cease and desist letters long before any law enforcement officials come to take us away.


Yeah, it would be silly to think that if someone can be arrested and jailed for possessing a marijuana joint, or spend the next decade behind bars for possessing less than a half ounce of weed.....

That absolutely nothing would happen to an E-juice distributor possessing lethal amounts of a highly controlled substance, through direct or indirect exposure to minors, without actually owning a license or a permit.

'They're not gonna arrest us, we'll get a cease letter......'

I've got a little advise for ya, Mac....

DON'T DROP THE SOAP, DUDE!

LMFAO

This site is the NEW Comedy Central, lemme tell ya!
 

dedmonwakin

Super Member
ECF Veteran
Apr 16, 2009
584
7
Destin,FL.
Yeah, it would be silly to think that if someone can be arrested and jailed for possessing a marijuana joint, or spend the next decade behind bars for possessing less than a half ounce of weed.....

That absolutely nothing would happen to an E-juice distributor possessing lethal amounts of a highly controlled substance, through direct or indirect exposure to minors, without actually owning a license or a permit.

'They're not gonna arrest us, we'll get a cease letter......'

I've got a little advise for ya, Mac....

DON'T DROP THE SOAP, DUDE!

LMFAO

This site is the NEW Comedy Central, lemme tell ya!

I personally don't think a supplier would/should be in fear of imprisonment nor is it a controlled substance.


I believe MAC is correct.

A possibility, and this is really a slim one at that.

It's likely they will hand a supplier in the US a cease and desist order.........while executing a raid to relinquish the products from the supplier. Authorities know better.
What?
You really expect them to believe that you'll really flush it down the toilet or keep it for personal use??!!! HA HA HA HA HA HA HA HA HA HA HA HA HA HA....................and HA!

An international supplier is more likely to get the formal cease and desist request.
 
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OutWest

Unregistered Supplier
ECF Veteran
Feb 8, 2009
1,195
1
Oklahoma USA
www.alternasmokes.com
and, even if it's determined by a federal judge to be an unapproved drug, that doesnt necessarily mean the end of the ecig. It depends on if the FDA decides that it's in the best interest of the public to keep it available or not. There are a few drugs being sold by pharmacies all across the country that are unapproved, including a liquid morphine concoction that's given orally with a dropper to cancer patients on their deathbeds.
 

Zben504

Unregistered Supplier
ECF Veteran
Apr 11, 2009
126
0
Tulsa, OK
www.VaporBliss.com
Well, it quite obvious that your pharmacist HAS a formal education dealing specifically in the "selling of drugs" area.....don't you think?

But you seem to think that she's wrong!!??

Has you a "little" worried....

:confused:

Were you born brain-dead, Ozzy, or did you just drop too many hits of acid while on tour?

Is it illegal to sell a controlled substance?

Of course it is ya .....!!

LMFAO

First: welcome to the ecf forums. As you are new you will soon realize that bashing is looked down upon and that it's in bad taste. If your ever in Tulsa, feel free to stop by the kiosk and tell me I'm a ..... face to face. You might change your mind when you get here.

Second: nicotine is not a controlled substance.

Third: I never said I thought the pharmacist was wrong. When did I say that?

Anyways welcome to the forums. I hope you find some useful information on here for your e-cigs. And I hope you can refrain from bashing people on the Internet since I assume you don't have the stones to do so in real life.
 

Mac

Ultra Member
ECF Veteran
Jun 5, 2009
2,477
15,159
All up in your grill..
Yeah, it would be silly to think that if someone can be arrested and jailed for possessing a marijuana joint, or spend the next decade behind bars for possessing less than a half ounce of weed.....

That absolutely nothing would happen to an E-juice distributor possessing lethal amounts of a highly controlled substance, through direct or indirect exposure to minors, without actually owning a license or a permit.

'They're not gonna arrest us, we'll get a cease letter......'

I've got a little advise for ya, Mac....

DON'T DROP THE SOAP, DUDE!

LMFAO

This site is the NEW Comedy Central, lemme tell ya!
Your abraisive rhetoric is clearly inflammitory and not really worthy of a response. Nevertheless your statement has a clear and obvious hole that I will point out. So here it is "voice of god". Why don't you call your local mall and tell them you want to open a kiosk that sells marijauna and see what they tell you, genius? You are clearly a trouble maker with nothing to add.
 

Jim Davis

Vaping Master
ECF Veteran
Mar 16, 2009
4,260
83
Retired in Houston, Texas / USA
Yeah, it would be silly to think that if someone can be arrested and jailed for possessing a marijuana joint, or spend the next decade behind bars for possessing less than a half ounce of weed.....

That absolutely nothing would happen to an E-juice distributor possessing lethal amounts of a highly controlled substance, through direct or indirect exposure to minors, without actually owning a license or a permit.

'They're not gonna arrest us, we'll get a cease letter......'

I've got a little advise for ya, Mac....

DON'T DROP THE SOAP, DUDE!

LMFAO

This site is the NEW Comedy Central, lemme tell ya!

Good points, but can we tone it down a bit? It's meant to be a discussion, and not a Don Rickles Marathon. We don't need a flame war.

Cheers;
jd
 

markarich159

Ultra Member
ECF Veteran
Jun 30, 2009
1,169
45
PA, USA
and, even if it's determined by a federal judge to be an unapproved drug, that doesnt necessarily mean the end of the ecig. It depends on if the FDA decides that it's in the best interest of the public to keep it available or not. There are a few drugs being sold by pharmacies all across the country that are unapproved, including a liquid morphine concoction that's given orally with a dropper to cancer patients on their deathbeds.

If you're refering to Bromptom's cocktail, that is a compounded drug. The laws pertaining to compounding are different for marketed Branded or Generic drugs. As long as the compound is made by a licensed pharmacist and contains otherwise approved ingredients, and(here's the real legality issue) as long as that pharmacy does less then 20% of it's gross business by compounding, it IS legal(according to FDA). If the Pharmacy does MORE then 20% of it's gross business via compounding, the pharmacy has to apply for registration as a manufacturer.
 

Metatron

Moved On
ECF Veteran
Sep 28, 2008
87
0
Tampa, Florida
My rule of thumb is to discuss things as if we were sitting at the same table, face to face.


But I don't think that'll happen anytime soon.

Knock on Smokey's door, Jim, to see why.....

Ask HIM what I'm showing him personally and you'll begin to SEE what's really going on.

Oh and thanks for MOCKING ME, Mac!!

I knew you would.

:D
 
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