The press conference was pretty benign and it didn’t sound too bad. That is until you started looking at what was in the proposed regulation. (When you click this link, be sure to read to page 7 where it specifically states that “electronic cigarettes” “will be subject to the same FD&C Act provisions that cigarettes…” are subject too.)
If a vendor is fairly certain that all the parts and contents of their kits, or even just the parts or liquid is not equivalent to products on the market before 2/25/2007 they can start a process that averages 5000 hours to complete. “When you create a new tobacco product or modify a tobacco product in any way, you must obtain an order from FDA authorizing the marketing of the product before the product may be introduced or delivered for introduction into interstate commerce (section 910(a)(2); 21 U.S.C. 387j(a)(2)). This includes “a change in design, any component, any part, or any constituent, including a smoke constituent, or in the content, delivery, or form of nicotine, or any other additive or ingredient” (section 910(a)(1)(B)).” Note the “in any way“?
Compared to what we are vaping now, the stuff available in 2007 wouldn’t even be recognizable by the vast majority of vapers. These proposed deeming regulations, if introduced as written, will be a huge blow to most vapers.
If you are like me, you want to do something. You want to fight against a large government agency that wants your PV to be equivalent to a cigarette and regulated exactly the same. Here are a list of phone numbers at the FDA. Here is where you can comment on the proposed regulations. Be sure to be polite, be firm, stick to the facts. We know there is a petition circulating, but it calls for the president to veto the FDA regulations but the president vetos legislation passed by congress, not regulations developed, and in proposal stage, by an agency under his authority. The rule is proposed, so the thing to do is to comment against the rule as written at this point. Keep up with the information coming out of CASAA. Phil Busardo has some good thoughts on this subject as well. (At the time of this posting it is rather difficult to see through all the “Happy Birthday” posts since the FDA announced the proposed rules on Phil’s birthday.) Grimm Green also posted some good thoughts on his YouTube channel.
Frankly, I’m pretty upset and I’ve had trouble finding enough time to put thoughts into words and not sound like a lunatic. Hopefully I avoided sounding like that, but I know I have not gotten all my thoughts out yet. I am sure there are other great thoughts being posted by folks better at writing than I am. If you know these folks, please comment with links.
This is a time for vapers to ban together, get active, and fight for ourselves.