The FDA Deeming Authority Clarification Act of 2017

[Spydro]

Yesterday, a new bill was introduced in Congress which, if passed, will prevent the FDA from banning 99.9% of vapor products next year.

https://vaping.com/blog/news/cross-...ail&utm_term=0_22416810d6-840268cb71-51253929

 

[Huffapuff]

So there is a hint of sanity in the States.

 

[incredible_hullk]

Finally some potentially good news... trump must be a vaper under wraps

 

[craigb]

Finally some potentially good news... trump must be a vaper under wraps

Considering the Orange Menace is 99% hot air, can you imagine the clouds he could chuck without even trying!

 

[Caveman]

Probably foreign immigrants wanted it banned. He can't have them dictate the laws now can he.

 

[Silver]

Great news
Thanks for sharing this @Spydro !

 

[Spydro]

Sarcastic reply’s/attitudes do nothing to improve a situation that may affect all vaper’s worldwide. It might be funny to some folks on the other side of the world. But having who IMO is the most dangerous leader this country has ever had at the helm is most definitely nothing to laugh about over here. So I’ll thank you all to keep these kind of comments to yourself.

 

[RichJB]

Trump has apparently nixed quite a lot of regulations already but the vaping regs aren't among them. This is the continuation of the work done by Cole and Bishop, it doesn't seem to be Trump-related. It would be good if it passed at federal level. However, state level is a whole different can of worms. Apparently New Jersey is set to ban all flavoured juices that aren't clove, menthol or tobacco flavoured. Those are the flavours which are allowed in cigarettes "to prevent the youth from being drawn to smoking" so they have applied the same thinking to vaping.

It won't kill the juice industry in NJ although I guess juice companies and recipe developers would be miffed at being restricted to clove, menthol and tobacco. However, I'm not sure how they will enforce it. Inawera has a huge range of tobaccos which have "child attracting" notes like cherry or caramel or whatnot in them. The state will probably claim that those aren't allowed because cigarettes can't have them. But what of pipe tobacco? I'm pretty sure NJ must have pipe tobaccos that have cherry, maple, rum/raisin and other notes in them. Is that not also attracting the youth? What about peach schnapps or cinnamon whiskey or Brutal Fruit-like alco-pops , is that not attracting the youth to drinking?

I think DIY will be exempt from this rule as our flavourings are food flavourings which are not subject to FDA regulation. At least, not the vaping regulations, the FDA regulates them under the food & beverage regs. This is the exact wording of the proposed law:

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2008, c.91 (C.2A:170-51.5) is amended to read as follows:

1. The Legislature finds and declares that:

a. There has been a proliferation of flavored cigarettes and flavored electronic smoking devices in recent years, and many of these products have fruit, chocolate, or other flavors that are particularly attractive to children;

b. According to public health experts, the existence of these products increases the incidence of tobacco use among children;

c. The earlier a person begins using tobacco, the more likely the person will become addicted to tobacco products and continue to smoke throughout that person's life;

d. As a result, flavored cigarettes and flavored electronic smoking devices lead to increased tobacco use and addiction, higher health care costs, and a greater incidence of smoking-related illness and death; and

e. Therefore, flavored cigarettes and flavored electronic devices pose a significant threat to the health of the general public, and the protection of the public health warrants that the sale and distribution of these products be prohibited in this State.

(cf: P.L.2008, c.91, s.1)

2. Section 2 of P.L.2008, c.91 (C.2A:170-51.6) is amended to read as follows:

2. a. No person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, shall sell, offer for sale, distribute for commercial purpose at no cost or minimal cost or with coupons or rebate offers, give or furnish, to a person:

(1) a cigarette, or any component part thereof, which contains a natural or artificial constituent or additive that causes the cigarette or any smoke emanating from that product to have a characterizing flavor other than tobacco, clove, or menthol; or

(2) any electronic smoking device or any cartridge or other component of the device or other related product, including a liquid refill, that has a characterizing flavor other than tobacco, clove, or menthol.

In no event shall a cigarette, electronic smoking device, or any cartridge or any component part thereof or other related product, including a liquid refill, be construed to have a characterizing flavor based solely on the use of additives or flavorings, or the provision of an ingredient list made available by any means.

As used in this section:

(1) "characterizing flavor other than tobacco, clove or menthol" means that: the cigarette, electronic smoking device or any cartridge or other component of the device or other related product, including liquid refills, or any smoke or vapor emanating from that product or device, imparts a distinguishable flavor, taste, or aroma other than tobacco, clove, or menthol prior to or during consumption, including, but not limited to, any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice flavoring; or the cigarette[or],any component part thereof, or the electronic smoking device or any cartridge or other component of the device or other related product, including a liquid refill, is advertised or marketed as having or producing any such flavor, taste, or aroma;

So juice makers are not allowed to sell products that have an aroma that isn't clove, menthol or tobacco, nor are they allowed to advertise that their juices have an aroma that isn't clove, menthol or tobacco. The highlighted bit is key. Is food flavouring deemed a 'related product' of vaping? I am guessing that vape shops won't be allowed to sell DIY concentrates. However, DIYers could still source flavours via other outlets, or by ordering direct from the manufacturers. Nic, VG and PG should all be OK as they don't have an aroma of anything.

I wouldn't bet against our government following a similar line of thinking. So it's probably good to learn DIY now before regs kick in and severely limit the flavour options open to commercial juice-makers.