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The FDA Deeming Can Not, and Does Not Regulate Vaping Hardware. Detailed Explanation.

Myk

Silver Contributor
Member For 4 Years
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I wish it was only about liquid. I could live with that.
Fact is FSPTC says it's about hardware. Fact is PACT says it's about shipping. These laws were not written with ecigs in mind. The government has given me no reason to believe they won't use those laws to say the regulation extends to hardware and that "non-combusted" applies to shipping ecig stuff.

Actually my comment mentions cigars. I bring up the excuses they give to exempt $10 cigars because kids can't afford them but want to include $100 ecigs because kids will afford them.

I'm curious what you want people to comment on. If the proposal isn't bad why shouldn't vapers just accept it?
 

tombaker

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The government has given you no reason to believe, because you can barely comprehend what is going on.

You think that any law can be used for anything, and that the courts don't exist, that temporary injunctions don't exist, and that landmark cases reversing the FDA, being Sottera, never happened. If the law is so wrongly applied as you think it may, the courts will strike it down. And the FDA knows that. The FDA is not going to do something AGAIN just to get it pushed in their face again.

You say : "Deeming ecigs as a tobacco product makes them instantly illegal to ship by USPS" because of https://www.usps.com/ship/domestic-tobacco-restrictions.htm

Did you read the first line? Did you READ THE FIRST LINE?
With few exceptions, cigarettes and smokeless tobacco shipments cannot be mailed.

1. Cigarettes are a legal definition, which I already posted on this thread.
2. Smokeless Tobacco is a legal definition.
3. Vaping and all of E-Cigs, are NOT either Cigarettes or Smokeless Tobacco, as defined under law

So instead of just skipping away, just deal with it, the claims you are making are in error, because of the law, which you can read.

The FDA is not just going to rush in like you want to fear. Not on the shipping through the USPS system, which is your new theory. You think the USPS officials are just going to give up shipping revenue on a legal product?

Comment on everything you want, or what CASAA tells you to write, after their analysis over the last 90 days. I am want to read the CASAA analysis just as much as anyone else.....but regardless you have 12 more shopping days until the entire comment period ends.
 

dbkma

Member For 4 Years
I'm still alittle confused here. But basically what you guys are saying is. If I bought for instance a kanger sub box mini starter kit and bought the eliquid separate then it falls outside of the fda deeming regulations

Sent from my BLU LIFE PLAY MINI using Tapatalk
 

stevegmu

Gold Contributor
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Boil it all down, ALL HARDWARE without containing E-Liquid (with Nic) is outside of the FDA.

This is all true, which is what I have been saying for a long time. E-liquid and disposables fall within the scope; that's about it, but fear, addiction and financial gain often trump common sense...
 

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