There seems to be a lot of miss-direction of concern going on with E-Cigs and the FDA. Bottomline is the FDA is not going to be able to ban Nicotine, its already lost the battle in court, and the only thing that the FDA is going to be able to do is change the way that E-Cigs are marketed. Marketing will be changed, and it become a big who cares.
The real problem is with Cities like New York creating regulations on how E-Cigs can be used in public. Bans on usage are the laws that will be hard to fight, and hard to overturn, because they will go into effect before they can be overturned.
There will be no laws that Ban E-Cigerettes as a lawful device. I explain below. The FDA already lost, already has definitions that exempt E-Cigs. The FDA can and will change how E-Cigs are marketed, but that is meaningless. The FDA stops lots of Snake Oil claims....don't make the claim, problem solved.
The real risk is what New York just did .that is the area to fight, worry not about the FDA.
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1. There is a difference of vaping and selling electronic cigarettes. The FDA is concerned about how drugs are presented to the populous, as they should. There is no reason to Market E-Cigs as a smoking cessation device. It crosses lines for zero benefit. It is obvious enough of a relationship where they don't need to make marketing claims. The key is marketing claims.
2. The ruling has already been upheld that E-Cig devices. READ IT "This case appears to be yet another example of FDA's aggressive efforts to regulate recreational tobacco products as drugs or devices, Unfortunately it's tenacious drive to maximize its regulatory power has resulted in its advocacy of an interpretation of the relevant law that I find, at first blush, to be unreasonable and unacceptable."
3. Stop telling people that Vaping and/or E-Cigs are "smokeless" Why? Because "Smokeless" in the world of Tabacco is a legal term. A legal term that DOES not apply to E-Cigs. Smokeless is a definition that should not be applied to E-Cigs
4. The Government defines Nicotine as a Tobacco Free product already. And includes E-Cigarettes in this category. SEE What I found here. http://www.womenshealth.gov/smoking-...cotineProducts
5. Its going to be a stretch to put nicotine into the Tobacco classification, because that would be a move away from the current standard. But if it goes that way, remember the language of the law in question says "The law also imposes certain limits on FDA authority. The agency cannot ban conventional tobacco products, such as cigarettes and smokeless tobacco, or require the total elimination of nicotine in tobacco products." The end effect is that E-Liquid should be pretty safe from being as you so woefully fear as being twaken away.
7. Don't forgot to read, what 910 can do...and why.
Denial of application
The Secretary shall deny an application submitted under subsection (b) if, upon the basis of the information submitted to the Secretary as part of the application and any other information before the Secretary with respect to such tobacco product, the Secretary finds that
(A) there is a lack of a showing that permitting such tobacco product to be marketed would be appropriate for the protection of the public health;
(B) the methods used in, or the facilities or controls used for, the manufacture, processing, or packing of such tobacco product do not conform to the requirements of section 387f(e) of this title;
(C) based on a fair evaluation of all material facts, the proposed labeling is false or misleading in any particular; or
(D) such tobacco product is not shown to conform in all respects to a tobacco product standard in effect under section 387g of this title, and there is a lack of adequate information to justify the deviation from such standard.
Notice all the language about the Marketing....well that is what the FDA can do, restrict that, and then they can stop terrible manufacturing methods. The regulations IF they come, are going to hit the big guys, the national brands, People brewing up e-juice on their kitchen table, will still be able to slap a label on it and go.
You can be in fear, and worry, the Sky is falling according to one Chicken Little, and we must muster everyone together to fix it.....
or you can use the real information. Vaping is not Smokeless Tobacco, A Carto/Clearo/Tank + Battery can not be ruled and regulated as a drug device. FDA has No Authority over Electronic Cigarettes as a Drug Device So the E-Cig is not going anywhere, the hardware side. Nicotine is not Tobacco, as already acknowledged by the Government, see the link I found above. So E-liquid falls under all the categories of legal Nicotine. BUT if not that, its ruled some other way in the future. The Tobacco Law in question won't allow the product to be banned. And the items where it can be controlled are listed out.
Be thankful that there are enough big E-cig companies out there to hire the lawyers to argue for things mostly already decided.
A filled carto with nicotince MAY get some regulations about Marketing it, but Vaping is not under threat of any significance, other than public usage laws....but that is an entirely different topic.
The real problem is with Cities like New York creating regulations on how E-Cigs can be used in public. Bans on usage are the laws that will be hard to fight, and hard to overturn, because they will go into effect before they can be overturned.
There will be no laws that Ban E-Cigerettes as a lawful device. I explain below. The FDA already lost, already has definitions that exempt E-Cigs. The FDA can and will change how E-Cigs are marketed, but that is meaningless. The FDA stops lots of Snake Oil claims....don't make the claim, problem solved.
The real risk is what New York just did .that is the area to fight, worry not about the FDA.
------
1. There is a difference of vaping and selling electronic cigarettes. The FDA is concerned about how drugs are presented to the populous, as they should. There is no reason to Market E-Cigs as a smoking cessation device. It crosses lines for zero benefit. It is obvious enough of a relationship where they don't need to make marketing claims. The key is marketing claims.
2. The ruling has already been upheld that E-Cig devices. READ IT "This case appears to be yet another example of FDA's aggressive efforts to regulate recreational tobacco products as drugs or devices, Unfortunately it's tenacious drive to maximize its regulatory power has resulted in its advocacy of an interpretation of the relevant law that I find, at first blush, to be unreasonable and unacceptable."
3. Stop telling people that Vaping and/or E-Cigs are "smokeless" Why? Because "Smokeless" in the world of Tabacco is a legal term. A legal term that DOES not apply to E-Cigs. Smokeless is a definition that should not be applied to E-Cigs
4. The Government defines Nicotine as a Tobacco Free product already. And includes E-Cigarettes in this category. SEE What I found here. http://www.womenshealth.gov/smoking-...cotineProducts
5. Its going to be a stretch to put nicotine into the Tobacco classification, because that would be a move away from the current standard. But if it goes that way, remember the language of the law in question says "The law also imposes certain limits on FDA authority. The agency cannot ban conventional tobacco products, such as cigarettes and smokeless tobacco, or require the total elimination of nicotine in tobacco products." The end effect is that E-Liquid should be pretty safe from being as you so woefully fear as being twaken away.
7. Don't forgot to read, what 910 can do...and why.
Denial of application
The Secretary shall deny an application submitted under subsection (b) if, upon the basis of the information submitted to the Secretary as part of the application and any other information before the Secretary with respect to such tobacco product, the Secretary finds that
(A) there is a lack of a showing that permitting such tobacco product to be marketed would be appropriate for the protection of the public health;
(B) the methods used in, or the facilities or controls used for, the manufacture, processing, or packing of such tobacco product do not conform to the requirements of section 387f(e) of this title;
(C) based on a fair evaluation of all material facts, the proposed labeling is false or misleading in any particular; or
(D) such tobacco product is not shown to conform in all respects to a tobacco product standard in effect under section 387g of this title, and there is a lack of adequate information to justify the deviation from such standard.
Notice all the language about the Marketing....well that is what the FDA can do, restrict that, and then they can stop terrible manufacturing methods. The regulations IF they come, are going to hit the big guys, the national brands, People brewing up e-juice on their kitchen table, will still be able to slap a label on it and go.
You can be in fear, and worry, the Sky is falling according to one Chicken Little, and we must muster everyone together to fix it.....
or you can use the real information. Vaping is not Smokeless Tobacco, A Carto/Clearo/Tank + Battery can not be ruled and regulated as a drug device. FDA has No Authority over Electronic Cigarettes as a Drug Device So the E-Cig is not going anywhere, the hardware side. Nicotine is not Tobacco, as already acknowledged by the Government, see the link I found above. So E-liquid falls under all the categories of legal Nicotine. BUT if not that, its ruled some other way in the future. The Tobacco Law in question won't allow the product to be banned. And the items where it can be controlled are listed out.
Be thankful that there are enough big E-cig companies out there to hire the lawyers to argue for things mostly already decided.
A filled carto with nicotince MAY get some regulations about Marketing it, but Vaping is not under threat of any significance, other than public usage laws....but that is an entirely different topic.
