Whats really going on with the FDA?

Status
Not open for further replies.

DaydreamingRobot

Senior Member
ECF Veteran
Sep 19, 2013
116
50
Ny
Im wondering where I can find a legitimate government source on what's being proposed for ecigs, liquid, devices ect. I see a lot of news sites and vape sites but, where do I find the "facts" about what is being proposed? I looked at the sticky thread on this forum but, I can't find anything about what is supposedly pending right now. I heard something was in the works and set to be instated this month. What going on? Can I sign a petition somewhere? Is there an official Govt. site I can view, with all the details?
 

Penn

Ultra Member
ECF Veteran
May 19, 2013
1,367
1,435
In the wilderness
The last I heard, the FDA intended to send a proposal to the Office of Management and Budget which falls under the executive branch (so at this time Obama would be the one to approve it). Until that happens we will not definitely know exactly what is in the proposal. The other route they could go is through congress but it doesn't appear they intend to take that route unless the industry can proves ecigs can't be deemed a tobacco product or can but current law can't be applied to regulations for e-cigs which would mean congress would have to put up new legislation or alter existing. An existing Supreme Court ruling indicates that won't happen.

After the proposal to the Office of Management and Budget there will be a period for comment meaning both public and the businesses affected would be able to put in their two cents. That period is usually 2 or 3 months.

After that period how the regulations will be put into play. Usually at that point it is 6 months to a year for businesses to make preparations for the changes based on what is discussed in the comment period.

So to sum up: We don't know for sure what is in it. It will be 8 months to a a bit more than year after we know that for regulations go into effect.
 

EddardinWinter

The Philosopher Who Rides
ECF Veteran
Verified Member
Jun 13, 2012
8,866
28,169
Richmond, Va
The last I heard, the FDA intended to send a proposal to the Office of Management and Budget which falls under the executive branch (so at this time Obama would be the one to approve it). Until that happens we will not definitely know exactly what is in the proposal. The other route they could go is through congress but it doesn't appear they intend to take that route unless the industry can proves ecigs can't be deemed a tobacco product or can but current law can't be applied to regulations for e-cigs which would mean congress would have to put up new legislation or alter existing. An existing Supreme Court ruling indicates that won't happen.

After the proposal to the Office of Management and Budget there will be a period for comment meaning both public and the businesses affected would be able to put in their two cents. That period is usually 2 or 3 months.

After that period how the regulations will be put into play. Usually at that point it is 6 months to a year for businesses to make preparations for the changes based on what is discussed in the comment period.

So to sum up: We don't know for sure what is in it. It will be 8 months to a a bit more than year after we know that for regulations go into effect.

That timetable is probably about right. They have been due to issue the deeming regulations since April.

They are required to allow a comment period of 30 days. They could choose a "grace period" for businesses to adapt of less than six months, but that is probably about right.
 

Penn

Ultra Member
ECF Veteran
May 19, 2013
1,367
1,435
In the wilderness
That timetable is probably about right. They have been due to issue the deeming regulations since April.

They are required to allow a comment period of 30 days. They could choose a "grace period" for businesses to adapt of less than six months, but that is probably about right.

True. There is a reason I used the word "usually" twice. It would be interesting if it can be proven that current tobacco regulations can't be applied to ecigs though. That would mean congress would have to get involved.

Of course another possibility is congress can insert themselves by passing their own legislation without being asked by the FDA but I just don't see that happening. It would make more sense to me though since it seems ecigs should be a new category. They aren't really tobacco and they aren't medication.
 

JulesXsmokr

Ultra Member
ECF Veteran
Aug 10, 2013
1,268
1,044
Hurricane Alley, FL. USA
All we can do here, is consistently convey that NO LAWS are wanted or needed on e-cigs or vaping..
Just the ordinary laws that already are in place that pertain to general food and product consumables is all that is needed..
E-cigs are not a tobacco product, and are not medical devices, that's why no laws are on these products now, It needs to stay this way, so that smokers and former smokers can have the opportunity to live healthier and productive lives..Think of all the childrens parents lives this products use is saving..
The FDA has the power and it doesn't have the power to do anything with this product..Big money is trying to find ways to give the FDA the power they want it to have, so they can use it for their own monetary gain. They don't have it yet, that's why we are all here talking about it.
 

Penn

Ultra Member
ECF Veteran
May 19, 2013
1,367
1,435
In the wilderness
Jules, that is my point behind saying congressional action is what I am in favor of. As you mentioned it is a consumable, BUT it isn't food, drink, tobacco or medicine. It is it's own category. I would like to know my vape isn't contaminated (actually in my case the ingredients I mix). Notice I never said anything in favor of taxation. It hasn't been shown to be a contributor to health cost increases at this time so "sin tax" shouldn't be applicable. Of course it probably will get that tax regardless of how much logic is presented to the government.
 

Criticalmass

Ultra Member
ECF Veteran
Verified Member
Vaping is now a 1.7 BILLION dollar business so soon as our Governments figure out how they can get their 60% of that they will let us know. :)

Yeah but most of it is going to China. If we want to protect it we'll need to see more hardware products coming from America or at least owned by american corporations even if the work is farmed out overseas.
 

wv2win

ECF Guru
ECF Veteran
Feb 10, 2009
11,879
9,045
GA by way of WV
Jules, that is my point behind saying congressional action is what I am in favor of. As you mentioned it is a consumable, BUT it isn't food, drink, tobacco or medicine. It is it's own category. I would like to know my vape isn't contaminated (actually in my case the ingredients I mix). Notice I never said anything in favor of taxation. It hasn't been shown to be a contributor to health cost increases at this time so "sin tax" shouldn't be applicable. Of course it probably will get that tax regardless of how much logic is presented to the government.

You are in favor of Congress getting involved? The Congress, that is led by the party, whose members have openly called for the banning and/or severe restrictions on vaping as it currently exists. That looks like a "death wish" for vaping.
 

wheezal

Insane Halon
ECF Veteran
Aug 27, 2013
8,647
17,784
Austin, Tx
The last I heard, the FDA intended to send a proposal to the Office of Management and Budget which falls under the executive branch (so at this time Obama would be the one to approve it). Until that happens we will not definitely know exactly what is in the proposal. The other route they could go is through congress but it doesn't appear they intend to take that route unless the industry can proves ecigs can't be deemed a tobacco product or can but current law can't be applied to regulations for e-cigs which would mean congress would have to put up new legislation or alter existing. An existing Supreme Court ruling indicates that won't happen.

After the proposal to the Office of Management and Budget there will be a period for comment meaning both public and the businesses affected would be able to put in their two cents. That period is usually 2 or 3 months.

After that period how the regulations will be put into play. Usually at that point it is 6 months to a year for businesses to make preparations for the changes based on what is discussed in the comment period.

So to sum up: We don't know for sure what is in it. It will be 8 months to a a bit more than year after we know that for regulations go into effect.

if after all that there is no clear outcome, then the winner will be decided by a 3 man sack race.
 

twgbonehead

Vaping Master
ECF Veteran
Apr 28, 2011
3,705
7,020
MA, USA
Candles are a $2.3 Billion dollar-a-year industry. They use many components that are not approved as GRAS for human consumption. There is little to no regulation of the market or the products. They put significantly more of the odorific compounds into the air, as they are designed to "fill a room" with an aroma rather than "Fill a pair of lungs".

Oh, and by the way, from Candles

During 2006-2010, U.S. fire departments responded to an estimated average of 11,640 home structure fires started by candles per year. These fires caused an annual average of 126 civilian deaths, 953 civilian fire injuries, and $438 million in direct property damage. Candles caused 3% of the reported home fires, 5% of home fire deaths, 7% of home fire injuries, and 6% of direct property damage during this period. On average, 32 home candle fires were reported per day.

(Note that surprising ratio: The annual cost in direct property damage is 19% of the annual market, and that doesn't count deaths and injuries!!!!!)

So where's the concern about candles?

Edit: I know this might appear OT, but it's one of the first things that pops into my head any time I hear someone say "We need the federal government to make sure e-cigarettes are safe!"
 
Last edited:

Penn

Ultra Member
ECF Veteran
May 19, 2013
1,367
1,435
In the wilderness
You are in favor of Congress getting involved? The Congress, that is led by the party, whose members have openly called for the banning and/or severe restrictions on vaping as it currently exists. That looks like a "death wish" for vaping.

Government involvement is a double edge sword. I am being realistic, some form of regulation will happen. As I stated, there is no current category that vaping fits in. Creating a new category with minimal regulations is the best we can hope for. Notice I say MINIMAL, meaning no surprise additives and what is in there isn't going to cause me to bleed out of my eyes. The other edge to that sword is what you are stating. Give government control over something and they will go too far if they have the room to go too far. Creating a new category that limits regulation would stop that.

And that party doesn't have both houses of congress.
 
Status
Not open for further replies.

Users who are viewing this thread