Puff Bars are Back. Now with TFN.

[zoiDman]

As I read the shipping ban it captures all of vaping even stuff without Nic at all including cbd which is why I wondered how PB was planning to get around that one.

I Don't think PB's ultimate Goal is to get around B2C Shipping Bans.

I believe they just want to be able to sell Puff Bars in C-Stores and Gas Stations when the rest of the Market is Forced Out. And are probably looking to Fill the Vacuum for as Long as the Can while things wind thru the Court System.

Or until Congress Amends the FSTCA/Passes Separate Legislation for TFN. Probably jammed into another Spending Bill like the Shipping Ban was.

 

[Myrany]

I Don't think PB's ultimate Goal is to get around B2C Shipping Bans.

I believe they just want to be able to sell Puff Bars in C-Stores and Gas Stations when the rest of the Market is Forced Out. And are probably looking to Fill the Vacuum for as Long as the Can while things wind thru the Court System.

Or until Congress Amends the FSTCA/Passes Separate Legislation for TFN. Probably jammed into another Spending Bill like the Shipping Ban was.

I actually agree but since they are selling via internet I was more wondering how they plan to get around the shipping ban.If they have found a way it could well show other companys.

 

[UncLeJunkLe]

In terms of getting around the vape mail ban, TFN is simply not going to get around it because it's already covered.

1) TFN is "Tobacco-free Nicotine". Meaning: it's nicotine.
2) TFN is also "other substance".

See below:

Source: Text - S.1253 - 116th Congress (2019-2020): Preventing Online Sales of E-Cigarettes to Children Act
SEC. 2. Amendments to the Jenkins Act.

(a) In general.—The Act entitled “An Act to assist States in collecting sales and use taxes on cigarettes”, approved October 19, 1949 (commonly known as the “Jenkins Act”) (15 U.S.C. 375 et seq.), is amended—
(1) in section 1 (15 U.S.C. 375)—​

(A) in paragraph (2)(A)(ii)—
(i) by striking “includes roll-your-own tobacco” and inserting the following: “includes—
“(I) roll-your-own tobacco”;

(ii) in subclause (I), as so designated, by striking the period at the end and inserting “; and”; and

(iii) by adding at the end the following:
“(II) an electronic nicotine delivery system.”;

(B) by redesignating paragraphs (7) through (14) as paragraphs (8) through (15), respectively; and

(C) by inserting after paragraph (6) the following:

“(7) ELECTRONIC NICOTINE DELIVERY SYSTEM.—The term ‘electronic nicotine delivery system’—​

“(A) means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device;

“(B) includes—
“(i) an e-cigarette;

“(ii) an e-hookah; TFN is ci

“(iii) an e-cigar;

“(iv) a vape pen;

“(v) an advanced refillable personal vaporizer;

“(vi) an electronic pipe; and

“(vii) any component, liquid, part, or accessory of a device described in subparagraph (A), without regard to whether the component, liquid, part, or accessory is sold separately from the device; and

“(C) does not include a product that is—
“(i) approved by the Food and Drug Administration for—
“(I) sale as a tobacco cessation product; or

“(II) any other therapeutic purpose; and

“(ii) marketed and sold solely for a purpose described in clause (i).”; and

(2) in section 2A(b)(1) (15 U.S.C. 376a(b)(1)), by inserting “NICOTINE/” after “CIGARETTES/”.

(b) Effective date.—This section, and the amendments made by this section, shall take effect on the date that is 90 days after the date of enactment of this Act.

​

 

[UncLeJunkLe]

Eightvape pushing a "synthetic nicotine" disposable today. Also claiming "no PMTA required".

Same company that owns the Charlie’s Chalk Dust brand of eliquid. Charlie's Holdings, Inc. – Welcome to Charlie's Holdings, Inc.

• $14.95
• 4ml E-Liquid
• 700mAh Internal Battery (non-Rechargeable)
• 1200+ Puffs Per Device
• 5% Synthetic Nicotine
• Draw-Activated

 

[Rossum]

Will it Work?

I don't think so.

If the FDA is told they can't regulate it as a "tobacco product", they'll call it an "unapproved drug delivery device", which is how they wanted to classify e-cigs before Judge Leon decided otherwise in Sottera.

 

[zoiDman]

I don't think so.

If the FDA is told they can't regulate it as a "tobacco product", they'll call it an "unapproved drug delivery device", which is how they wanted to classify e-cigs before Judge Leon decided otherwise in Sottera.

I Agree.

But the Real Question is How Long do you think Puff Bars will still be on the Market.

Because that's what their Doing Isn't It? Just trying to stay on the Market a Little Long than the Rest of the Pack.

 

[Rossum]

the Real Question is How Long do you think Puff Bars will still be on the Market.

I have no idea. Will the fold as soon as they get a C&D letter? Do they have the resources to fight it out in court?

 

[Territoo]

I have no idea. Will the fold as soon as they get a C&D letter? Do they have the resources to fight it out in court?

I hope they have resources to fight in court. And I hope they get a judge akin to Judge Leon. My guess is they know they are going to have to fight. I don't see them thinking they're going to get away with this, unless they have really dumb lawyers.

 

[zoiDman]

I have no idea. Will the fold as soon as they get a C&D letter? Do they have the resources to fight it out in court?

Yeah... Hard to Say.

All I know for sure is that it was a Tall Task to be More Despised than JUUL at the FDA. But Puff Bars has managed it.

So whatever happens, this is about the Last Gasp. Because doing a Legitimate PMTA isn't going to work for them.

 

[UncLeJunkLe]

unless they have really dumb lawyers

And that actually is possible. We'll see.

 

[zoiDman]

I hope they have resources to fight in court. And I hope they get a judge akin to Judge Leon. ...

Yeah... Sometimes I Smile thinking how Cool it would be if a judge told the FDA to Stick a Rake in it Sideways. And then in the most Condescending voice possible asked...

"Haven't you Fed with these People Enough?"