Will the FDA Succeed in Banning E-Cigs?

[thephoenix]

This is the big question that keeps me up at night.

In a perfectly logical world the notion of banning them is outlandish.

Can't ban batteries. Can't ban atomizers. Can't ban plastic carts.

How then do you ban the sum of its parts?

Anyway, to all of you who are following SE vs. FDA, I am curious as to the overlying consensus here as to whether the FDA will prevail.

I for one don't believe so. Will they get their hands on the e-juice? You bet they will and logically they can. But it seems to be at best they can only regulate it...

 

[Tampa2]

I for one don't believe so. Will they get their hands on the e-juice? You bet they will and logically they can. But it seems to be at best they can only regulate it...

Under the new FSPTCA Act pf 2009 they will be banning the Candy & Fruit flavors for sure. This act gives them the right to do that. So we all may as well get ready for that one.

 

[thephoenix]

Hey, Tampa2!

Well then I hope gatorvapor is getting ready to offer a good flavorless option with a cool slew of flavorings...

it's useless what they're trying to do. can't ban flavorless e-juice. can't ban candy flavorings...

OK, guess we'll just have to go DIY...

I have to believe we win on all fronts here!

 

[finalthought83]

I think from the only logical standing they can ban just nicotine because it is the substance that causes the addiction. So the e-liquid stores just sell flavored pg/vg of their own recipe and start to stockpile/make your own nicotine juice.

 

[karmatized]

yes that is true all e-liquid stores can simple sell lets say a 30ml bottle of non nicotine liquid spiked with a tad extra flavor to accommodate for the dilution loss due to the added nicotine by the user.

 

[WadeCounty]

Slowly, they're stripping away all our freedoms...

 

[Windsage]

They will end up in charge of regulating e-cigs which will force the manufacturers to go through year long testing and approval. I would hope that most of the manufacturers have already begun this process while the lawsuits are pending so they won't see an interruption in service. The FDA doesn't really want rid of them, they just want control over them and the revenue for themselves. Typical bureaucratic princedom.

 

[thephoenix]

so manufacturers can submit their juice to FDA for approval?

 

[mrjaguar]

nope, they can try, but they'll never succeed. and it won't matter anyway. I've got goodies enough for a while packed away.

 

[thephoenix]

ha. ha! yeah...i'm the same way...been stockpiling what I can...

just put in an order to a Chinese wholesaler for 1,500 bottles of DEKANG!

Just in case...better safe than sorry...

 

[ScatRD]

My guess is no...
but looking back at past experiances like prohibition, don't put anything past the govt. to try!

 

[PhiHalcyon]

The FDA cannot prohibit the sale of all vaporizing devices that can be used with (or modified to use) nicotine-containing e-liquid; but any vaporizing device sold for the purpose of being used with nicotine-containing e-liquid will be found to be an unapproved medical device. The sale of which is a rather serious crime.

It is also a rather serious crime to sell unapproved drugs. So, once the higher court(s) have validated the FDA's classification of nicotine-containing e-liquid as an unapproved drug, the harsh consequences of being caught selling it will make it far more difficult to purchase than what it is today.

Anyway, since 'electronic cigarettes' are vaporizers sold for use with nicotine-containing e-liquid (an unapproved drug), they are in fact unapproved medical devices that are prohibited from being sold without prior FDA approval; and will thus certainly be effectively banned.

 

[VaporLung]

They are treading on a slippery slope here. I dont think the e-cig would fall into the 'approved med delivery device' category (as it isnt marketed that way) We have legislation in the works (in Cali) for use of plant material that is BURNED (and is rapidly being investigated for its 'medicinal' purposes) IF this legislation passes and MEDICINAL usage is more widely accepted, then the FDA will have no other choice than to investigate SAFER methods of ingestion. We have plenty of (whole plant) based vaporizers on the market already and from what I understand there is no legislation to stop them. (Are they going to prohibit any sort of incinerary devices too because they arent 'medically approved'? Tobacco pipes and rolling papers?)
But then again they have the backing of big pharma and NIDA so I guess *anything* is possible. I think people are becoming more enlightened and we are steering away from combustion and searching safer ways of ingesting our medicines and our pleasures.

 

[Janetda]

I think this is far too complicated to answer in a yes or no type poll. I think we probably will have some sort of e-cigarette legally available. I don't think we'll have legal e-liquid though. Of course it's the e-liquid that really makes e-cigs work for most of us. I think we'll have things like the Plume, and others coming from BT that actually have tobacco in them. It's possible that they'll come to some arrangement with some of the larger distributors, but they will only have carts or cartomizers and no liquid. It will be highly regulated, low dose and most likely ineffective. There's no way we'll have all our wonderful vendors mixing juice at home. At least that's my prediction.

 

[DC2]

Most likely outcome?

I think this is far too complicated to answer in a yes or no type poll. I think we probably will have some sort of e-cigarette legally available. I don't think we'll have legal e-liquid though. Of course it's the e-liquid that really makes e-cigs work for most of us. I think we'll have things like the Plume, and others coming from BT that actually have tobacco in them. It's possible that they'll come to some arrangement with some of the larger distributors, but they will only have carts or cartomizers and no liquid. It will be highly regulated, low dose and most likely ineffective. There's no way we'll have all our wonderful vendors mixing juice at home. At least that's my prediction.

What she said.

 

[AJMoore]

I find it difficult to believe that BT isn't in the background trying to purchase an e cig manufacturer or even a patent. This is a huge market, growing daily, too much $$$$ to be made here for Phillip Morris or RJ Reynolds to just stand by.

They must see the "Plume" isn't going to fly and the e cig already has a following. What I wouldn't give to be a "Fly on the wall" at headquarters.

 

[ryanmercer]

There is always the easy way around a ban... people sell legal ......... alternatives as for "incense use only, not intended for human use" heh, so e-cigs will become e-incense burners. ha!

 

[finalthought83]

Im just hoping that super secret recipies from our fav vendors become available after a ban so we can do it ourself. Maybe publish a book we could buy showing how to make our favorite flavors...

Im sure with enough searching, we could make our own nic juice to add to the flavors

 

[Janetda]

I don't think anyone is making nicotine liquid at home. I know there are people who have tried to brew up some tobacco and distill it down, but you never know what you're going to get if you do that. Nope, homemade nic-juice is not something that is really an option. Of course there is always ordering from China or where ever, but your legal options will be very limited IMO.

 

[ejoker]

when the ban came for flavored cigs, which included cloves, it was specifically written so that flavored cigs could not be sold in the states. what the ban did not include was the import of flavored cigs from outside the states for personal use. iow, i continued to buy cloves from indonesia, and i was fine as long as i did not resell them. customs allowed shipments of up to 20 cartons. i'm wondering if the same would apply here.

I don't think anyone is making nicotine liquid at home. I know there are people who have tried to brew up some tobacco and distill it down, but you never know what you're going to get if you do that. Nope, homemade nic-juice is not something that is really an option. Of course there is always ordering from China or where ever, but your legal options will be very limited IMO.