FDA Deeming regulations are published

Tony is right about a lot things and he is my favorite reviewer. (Honestly I totally love the guy’s videos)

…However - on his facebook page he was pushing an e-liquid that looked like fruity ice cream packaging in pastel colors. (Which is part of what he does and that’s cool)…

So I made a comment saying I felt the pastel packaging was totally targeting kids and young women. told him I was concerned about the packaging because we didn’t need the FDA or the government to latch onto something like that right now. I told him those kind of packages were gonna kill us in this war.

He responded to me by saying “I appreciate you” and then - he removed my comment.

He’s got some issue with pushing liquids that have that kind of packaging. I love that guy but I just have to say that is not helping us at all.

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Today, my elected representatives received this letter from me. Feel free to copy/edit/paste for your own benefit, and use as you see fit.

Cheers


Good afternoon, Honorable Representative Graham and Staff:

I write today to ask for your support of HR-2058, The Food and Drug Administration’s (FDA) Deeming Authority Clarification Act of 2015, sponsored by your colleague Rep. Tom Cole (R-OK), and/or any other similar legislation which may come before the House.

Please indulge a few minutes of your precious time while I explain why I ask for your support of this important legislation.

The FDA, as you likely know, on May 5th, 2016, released their Final Rule regarding the Deeming of certain products in the marketplace as “Tobacco Products.” The 499 pages of this regulatory document includes items such as batteries, wires, electronic circuits, software, and even cotton and similar textiles, and surreptitiously classifies them as a “tobacco product.” These items, which are clearly not tobacco products, are classified as such by the FDA, because they are components of Electronic Nicotine Delivery Systems (ENDS), as the FDA would call them.

Myself, along with millions of other Americans who are now, or becoming ex-smokers, have taken up “vaping;” the use of ENDS, or Advanced Personal Vaporizers (APVs) as we “vapers” would call them, as a safer alternative to smoking conventional, analog tobacco cigarettes. These devices provide users an OPTIONAL dose of nicotine by heating a solution to an aerosol which is then inhaled. It does not burn or combust whatsoever, and produces no smoke. The exhaled emission is basically a water vapor, not much different in composition than the “fog” produced by “fog” machines used for decades in movies, theater productions, and other similar events.

The ingredients in the solution (e-liquid) include the following; 1) propylene glycol (PG), which is a substance that is Generally Recognized as Safe (GRAS) for human consumption by the FDA, 2) vegetable glycerine (VG), which is also a substance that is
GRAS by the FDA, 3) food-grade flavoring compounds, usually in a PG solution, or a PG and ethyl alcohol solution and 4) an OPTIONAL nicotine extract additive. The ingredients of cigarette smoke however, are well known to be harmful to public health and contain hundreds if not thousands of harmful substances. In fact, PG is commonly used as a vehicle for delivering other substances via inhalation, such as bronchodilators in asthma inhalers; while VG is a common, non-toxic component of soaps, cosmetics, suppositories, and other items.

While the vaping community is not opposed to SENSIBLE regulation, such as codifying age restrictions for the purchase of these products, the sweeping regulations and onerous as well as prohibitively expensive Pre-Market Tobacco Application (PMTA) process as outlined in these regulations, will ostensibly create a de-facto ban on all such products currently in the marketplace, stifle innovation in the creation of new and improved products, and kill a burgeoning $3.4B+/year industry which has created tens of thousands of jobs over the past several years.

While the economic impact due to the loss of jobs will be significant, the more important issue is that public health will be greatly harmed by the inability of the vaping community to obtain goods and services to assist them with their continued journey of staying quit from tobacco cigarettes; not to mention those smokers who have not yet discovered vaping as a safer alternative to smoking who will be deprived of the latest generation of devices which have already helped millions of people world-wide.

I invite you to review research on vaping presented by Dr. Konstantinos Farsalinos, a cardiac surgeon in Greece (http://www.ecigarette-research.org/research/), as well as the recent report from Public Health England (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/457102/Ecigarettes_an_evidence_update_A_report_commissioned_by_Public_Health_England_FINAL.pdf).

After reviewing the material above from the medical community, I also invite you to visit the testimonials page at CASAA.org (http://testimonials.casaa.org/testimonials/), where you can view thousands of stories from real people, like myself, speaking about how the use of Advanced Personal Vaporizers (APVs) has helped or is helping them “kick the habit,” and its overall positive
impact on their health and well-being.

I also request that Congress undertake a Congressional Review of these new regulations, due to the economic impact of so many lost jobs and the thousands of small businesses that will surely have to close their doors due to the excessive financial burdens of filing PMTAs to keep their product(s) on the market.

Thank you for taking the time to read this letter, and I pray that you will make the correct and honorable decision regarding this important issue.

Sincerely,
Your constituent

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Mine wont be so nice. Mine will be more like this:

Dear Senator,

I finally found a method of no longer being one of Altria’s crackhead’s and with a sweep of a pen, after telling me to quit using Altria’s product on commercials, by employers and every doctor I’ve ever seen for 20 years… your FDA is now telling me to smoke again.

You people have your nerve banning the only thing that ever got me successfully off your taxed drug.

If you don’t protect my right to vape, you can go straight to H E double tooth picks.

Sincerely,

Not VOTING for You if You wont STAND UP FOR ME

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Crude, but possibly effective. My tactic is to beat them at their own game.

I’ve sent all the nice ones I’m going to send.

Nicely said. May I use these words when I write my letters to various politicians? You state it much better than I have.

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I thought your letter was fantastic. It kind of ropes and ties them where their inane arguments cannot be used in rebuttal. And because it was so well worded and leaves the proponents of the FDA’s deeming rules no support, well I think it will just get shoved into File 13 with the rest of the logic and common sense that gets thrown at them.

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Fine with me, just don’t tag me…lol

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I’m not a senior member by any stretch, in fact I consider myself as more of a noob here. While I don’t think the recent announcements warrant buying sprees yet, there is one thing we can stock up on, that wouldn’t cost much at all …knowledge. Specifically, knowledge that may allow us to be a little more self sufficient, if the proposed regs force some of us to adapt our styles.

This is just one example. People that rely on pre built coils could really find themselves in a tight spot, if that convenience is cut off.

Check out the clearance or discontinued items for cheap RTAs, drippers, RBA options for tanks you might have. Maybe you tried one once, got frustrated and tossed it in a drawer. I think we all have one of those, in some obscure corner. Maybe a friend has one. Dig out that RBA that came with your Subtank Mini, that you couldn’t get working as well as the OCC coils. Wire is cheap, cotton cheaper. Figure out how to make it work.

There’s a ton of coil winding / wicking videos on you tube. There’s another ton of coil winding / wicking experience right here on ELR. Practice. It’s easier than you think. You might be surprised. I know right now, we all feel like spectators, at the mercy of someone else. That causes anxiety and frustration. That’s probably worse for our health than the smokes we left behind, Teaching yourself to be a little more self sufficient may help with that.

I think we all agree on one thing. We’re going to have to adapt, in some way. I know coils & wicks only deal with one tiny portion of the shit-biscuit that’s shown up on our plate. I’ve only been doing this for less than a year, but if there’s one thing I’ve learned about vapers, we’re an incredibly resourceful bunch.

Why wait until you’re freezing your ass off, to learn how to start a fire…ya know?

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excellent advice. I ordered a couple of RBA heads for my nautili. If they work, I’ll buy more of them as I don’t see stocking up on replacement coils when I’ll eventually run out anyway.

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I recently picked up four Kayfun clones for less than $10 each. We are always searching for & chasing the ‘ultimate tank’. The Kayfuns sure aren’t that. Not the easiest to fill. Not the easiest to build on, but with a little fiddlling around, and learning, I got them working great. I think I can keep them running a very long time, if I need to.

In the future, a simple tank that you can keep running for a long time, with just wire & wick, may be the new ‘ultimate tank’.

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Though as it stands right now, you may be right but I want to point out something that others may not have given a thought. Basically the FDA has now given State Governments the go ahead to now call Vapor Products tobacco. Don’t be surprised if State Governments start imposing heavy sin taxes on vapor products real soon. Guess what, the FDA says even the equipment is tobacco. Possible sin tax for it as well then. Watch out for this, it’s a real possibility. Maybe stocking up if nothing else will save money in the long run…

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I completely agree with your logic on this and strongly encourage anyone that vapes that now is the time to learn how to make a coil and buy some type of re-buildable atomizer.If you are happy with factory coils I promise you can build one better than the factory with just a little practice.There is a good chance that there is already an RBA head available for your tank and some factory coils can be rebuilt with a little effort.
The people like us that already have a vape style know what they need to buy a few of.I don’t consider this hoarding or stockpiling but having 5-10 tanks that you know you like will be useful.
Myself I bought a few Aromamizers a while back because I knew that I could rely on them.Not many parts to break and they all came with spare glass , screws, and have common O-rings that are not hard to find online or at the hardware store.They aren’t the easiest to fill or hold the most juice but I have yet to have one break.
I just recently picked up three more Boreas tanks as I like them better than any I have found and even though they aren’t battle proven yet as far as toughness I was willing to take a chance.Even if I don’t need them maybe I can help keep someone from buying another damn 20 pack of death sticks.It saddens me that some still think the government and our representatives actually care about us!
I agree with others that the ones this new ruling will really hurt is the ones that are still trying the patches, gum , and heaven for bid pills with all the nasty side effects.I do think this will come and go but I am afraid we may have a couple of lean years where no good equipment can be had at a reasonable price. I am an always pray for the best but prepare for the worst kind of person so keep that in mind when deciding what to purchase just in case.
I think it is just smart to have enough equipment to get you by for a couple of years if needed.We will always be able to get wick,wire, and batteries.Of course flavorings ,VG,and PG will still be available.We were told on here by @Nicotine_River that they will still be here as well as the nicotine they sale.If that is the case only thing that may get hard to get would be our mods and our atomizers.
I think this is one of those “when all is said and done more will be said than done” kind of things but if you just put back a few bucks here and there you should be able to buy more than enough to cover your needs for a couple of years just in case.I think it is all about the money and the gooberment will find a way to get paid through some kind of sin tax.I just hope this makes more people realize that our elected officials only care about one thing and that is money.They could care less that vaping is saves lives.Saving lives don’t pay as well as BIG TOBACCO and BIG PHARMACEUTICAL!

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I agree fully. I think it’s a good time for thinking about what you may need, and some tactful buying. I was trying to avoid the term ‘panic buying’.

I’ve been doing it in small chunks, over the last 6 months or so. The storm clouds have been brewing for a while. Vaping has been growing at such a rapid rate, and while I don’t have any figures or links, I have to believe it’s been mainly at the expense of probably the oldest industry in the country. Right or wrong, pro or con, the US Gov’t and the Tobacco industry have a very long standing business relationship. They weren’t going to let this go on. At least not in it’s present, free wheeling form. I was, and still am hopeful that this is muscle flexing, that will get delayed by some legal counter-move.

I’ve personally been in a slow, stock up mode for a little while. Nothing drastic. My tank needs are simple. I do low power, simple, single coil, vaping. Easy to keep running for (I hope) for an extended period of time, with minimal materials. A couple more items and I think I could last 10 years. I’m 61, so I may not last 10 years anyway…lol.

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But more people alive, mean more taxpayers, more workers, more consumers.

Nah, that’s too simple.

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I will only be surprised if we don’t get taxed , I think that was the plan from the beginning.They are going to make it much more expensive to vape than to smoke. The easiest way to get the tax money is from classifying everything as tobacco.

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The worst thing a pharmaceutical company can do is come up with a drug that cures.It is much more profitable to simply find a drug that will control an illness! Most of the time the drug that will control your illness will also cause at least one more controllable side effect as well! JACKPOT!!!:champagne:

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I don’t disagree with you one bit and I’ve actually been hoarding all of it. I now own 5 RDA’s and I never thought I would ever have one lol…

My husband and I talked about it and he doesn’t want me smoking again so we are making a large investment. I’m ordering many packs of coils, a couple of very large bottles of nic, one more mod and batteries. I’m gonna hunker down and send various nasty grams to law makers.

The way I see it, I have a year to wean myself off nicotine and that is my goal.

The users of this product have had some success with guilt letters to lawmakers from ex smokers and it’s the law we are dealing with here so that’s where the attention needs to go. But too… I just cant see the business lobby cutting the Chinese out of the e-cig business. If you think about how much money gets spent? Do you honestly think a company like Aspire is going down without a fight?

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Some good info being discussed here, get it straight from the horse’s mouth…

https://vaping.com/deeming-live-blog/

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I agree. People in the vaping community can sometimes be their own worst enemies. Just because you can package your product in way attractive to kids doesn’t mean you should. Just because you can blow huge clouds in other people’s direction doesn’t mean you should.

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