Tom doesn't have a legal argument, and he never did. Every time he's pressed on the matter of the FDA's powers, he reverts to an argument that FDA will not fully use those powers. That's not reason; that's faith. He's welcome to his beliefs; under different circumstances I might even be encouraged by his optimism -- but as it stands, I'm forced to write him off as yet another contrarian internet know-it-all who really knows squat.
If you were able to press me on something on the facts, please proceed, instead of the above empty, cut and paste blurbage. I am able to respond. What I am saying is that the purveyors of FUD, and mis-readings of the law, and what regulators can do.
1. The FDA can not regulate E-Cigs as drugs or medical devices, provided they are not marketed as such. Major Win by Sottera.
2. The FDA can deem E-Cigs as a Tobacco Product, and said it will do so, but has delayed that for over 2 years, they are just this month starting to ask for public comments.
3. What the FDA can do with Tobacco Products under the act is primarily control youth marketing, which the act is designed for. The FDA is entirely against analog cigarettes, but under the same act can not ban them. The FD&C Act understands that the products it controls are harmful, and some of them are less harmful. But if it had the powers you believe it does for E-Cigs, it would have been using those powers all over the place on Cigarettes.
4. The 2007 date is not set in stone legally. It is also important to understand that February 15, 2007 was selected as the original Grandfather Date because that was the date that the bill eventually became the Tobacco Control Act was first introduced into Congress, thereby putting the tobacco industry ( i.e. , manufacturers of cigarettes, smokeless tobacco, and roll-your-own tobacco) on official notice that it was going to be regulated by FDA. At the time, Congress had not contemplated including e-cigarettes (which were just being introduced into the U.S. market) or other non-traditional tobacco products in the legislation. For this reason, it simply would not make sense for the Deeming Regulation to mandate February 15, 2007 as the grandfather date for e-cigarettes. Rather, using the same logic of “first notice,” there are two much more likely potential grandfather dates for e-cigarettes and other deemed tobacco products. he first would be the date that the NPRM for the Deem-ing Regulation is actually published in the Federal Register ( i.e. , Dec 2013). he second potential grand- father date would be April 25, 2011 – the date the Agency published its letter to stakeholders indicating that it intend- ed to capture e-cigarettes through the Deeming Regulation.
5. E-Cigarettes were on the market in 2007 under the worse case scenario, every E-Cig today is Equivalent to every Grandfathered E-Cig. electric coil, fluid, vapor, unfiltered. There would be no factual basis to suggest their is any substantial difference in what is being sold now, as to what was grandfathered.
6. Products for sale now, analogs, have submitted forms, the FDA has not processed them, and all the products remain being sold. This implodes the theory that they can ban all current E-Cigs at a whim.
7. The FD&C Act prohibits banning Tobacco products, and you have to construct a fantasy to suggest they will do so.
8. The past actions of the FDA were denied by the courts, suggesting they will do an end run around the courts, is naive. The FDA now has one tool to work with, its the FD&C Act, which can not ban them, and can not tax them.
9. Its a waste of time and effort to worry about what the FDA may do. Pointing people to do so is working against Vapors. Everything being said about the FDA, was said 2 years ago, and its been wrong every day since. 2011 they thought the FDA was right about to.... The currently groups are doubling down on the broken watch theory, waiting for the time when the watch is right twice a day. 2 years, and they have not been right.
10. The FDA is not the problem, I outline why, and even if you don't believe me, or others, the evidence of the past 2 years of being on the wrong side of history, should give you some pause.
11. When the "End is near" crowd is faced with each new day, they are looking for another boogie man. So it gotta be Big Tobacco. Who cares about Big Tobacco's BLU e-Cig. Its a great product, doing advertising with Jenny, and helping everyone. V2cigs is the biggest, and its not big Tobacco, but I guess its an evil corporation or something. If any E-Cig is legal, all are, and all are equivalent. If BLU puts up the legal muscle to blow through the doomsday proficiency, why should I care? You got people selling a feckless idea that the FDA will hand over the E-Cigs entire marketplace to Big Tobacco. Nuts plain and simple. People have tried the MarkTen, its a junk as a vape, should I care they come into the marketplace also.....apparently its the end of the world?
12. Heck faced with all of this the FUD fall back becomes, they will ban APV devices of all types. Ban batteries, and clearomizers, the protank will be wiped off the face of the earth. Get a grip, I can use all of that to Vape 0 nicotine liquid, which the FDA has zero control of. The hardware can not be touched....ample parallel examples.
This thread is attempting to point out what is the real problem, and to stop fighting imaginary beasts, and worse thinking that asking people to spin their wheels is proof "its working".
The real problem is the title of this OP, its Bans. Bans with nothing from the FDA at all.
------Today 1-2-2014 the entire University of California system of colleges banned E-Cigs (and other Tobacco Products) except for a single college,
that's real.