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Your friendly FDA hard at work


#1

Recent Enforcement Threats


#2

I saw BP, Chevron and Shell in that list. I really don’t mind that :sunglasses:


#3

Looks like it’s almost all gas stations, drug stores and cigarette stores (who should already know better).


#4

use the search box on that site and put in “tobacco” or “smoke” some are B&Ms that you might not know the names of in your part of the country. for example try a search for “Lane”… There are plenty of vape Shops that are targeted.


#5

I searched a few vape shops on the list, and all three were for selling to a minor. The stores really should know better. Don’t give them any reason to say “I told you so! See, they’re marketing and selling to minors!”


#6

Although I do love regulations worded like this:

A retailer MUST check a photographic identification that includes a date of birth for any person under the age of 27 who attempts to purchase covered tobacco products, such as cigars. Failure to do so violates 21 C.F.R. § 1140.14(b)(2)(i) (2016).

Without checking an ID you have no idea how old someone is. Which at the end of the day means you have to check EVERY ID.

Well until you get to my age, where yeah it’s obvious I’m not under 27.

Now if we want to have a Constitutional argument, I also despise the use of regulations to avoid legislative procedure. For instance, if the law as passed is for X age-- random regultion to decide something like 27 for ID check, had no check and balance or oversight. It’s also inconsistent with the law in which a violation would only occur if sold to someone below X age not the random 27 which is not what the law states.

But yeah, that’s the thing that annoys me. :slight_smile:


#7

… I can see that the intent of my OP posting is not making it through to the DIY mixologists.

So I will spell it out:
1.) The FDA passes regulation
2.) The FDA enforces that regulation under the color and penalty of Law
3.) The FDA passes regulation to reclassify Nicotine.
4.) The FDA passes regulation to prohibit flavors attractive to persons under 27 in tobacco related products… 5.) etc… etc…
6.) Regulatory agencies do what they do, they pass regulation, usually by avoiding the provisions of the Administrative Procedures Act passed by your congress in 1948, then they send out law enforcement agents with Gold Badges and Guns. That’s what they do folks. That is who they are.
7.) The knock on your door is next.

Getting the gist of it ?


#8

Agreed I deal with this BS daily. Age appearance is an arbitrary assessment of the viewer not the law enforcement officer. Constitutionally there is no power under the commerce clause to regulate in state commerce in my view. I know a person who was fined and lost their job selling a pack of cigarettes to a bearded 26 you male undercover FDA agent (no prior offenses). This is just as much a problem of the vape stores as it is to a gas station or grocery store.