FDA regulations against vaping are a vote away from a major showdown

[5150sick]

http://www.washingtonexaminer.com/f...te-away-from-a-major-showdown/article/2621799

 

[Rossum]

The FDA is required under the National Environmental Policy Act of 1976 to discuss economic and other effects the rules may have on local communities.

This is a bit confusing. There's a National Environmental Policy Act of 1969, which was amended by H.R.3130 in 1976, but there's no digital text available for the latter. Sure would be nice if the article would cite the relevant section of US Code contains this requirement, 'cause the complete US Code is available on-line.

Should the FDA admit it failed to coordinate with the local community prior to enacting the regulation, the rule will be null and void nationwide.

Wow! This gives the new leadership at the FDA an easy way out of those regs! I figured chances were good that the new leadership wouldn't make enforcement of the Deeming a high priority, but vacating it is far better.

Should the FDA wish to challenge Hartland, the matter would likely head to court.

Hmm, if that happens and the FDA loses, that might set a precedent for a whole lot of other regulations to be challenged and thrown out. I'm not sure the DC bureaucracy would want to go there..

In any case, pass the popcorn.

 

[Rossum]

More on this, listen (16 minutes):
http://wiba.iheart.com/media/play/27756027/

 

[pulsevape]

.....and ..the states stand to lose money if tobacco sales go down and their settlement checks start shrinking....they'll just start taxing vaping heavier, and in states like California and New York they'll write state laws that are as draconian and oppresive as the deeming regs...the masses of people won't care if vaping is taxed to death to them we are just wierdos anyway why not burden the wierdos with heavy taxes for the new sports arena.

 

[Rossum]

.....and ..the states stand to lose money if tobacco sales go down and their settlement checks start shrinking....they'll just start taxing vaping heavier, and in states like California and New York they'll write state laws that are as draconian and oppresive as the deeming regs...the masses of people won't care if vaping is taxed to death to them we are just wierdos anyway why not burden the wierdos with heavy taxes for the new sports arena.

Yes, I'm sure they will. But I'm less concerned about state stuff than I am about federal because people are free to move among the states as they see fit, whereas leaving FedGov's jurisdiction is rather more difficult. If I were in California or New York, I'd have left a long time ago already, for reasons that have nothing to do with vaping.

 

[The Cromwell]

Politicians will use the vaping issue as a bargaining point to get something they want instead.