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Hunter Vaping Legislation Ready to Replace Deeming Regs

Discussion in 'General E-Cig Discussion' started by trlrtrash13, Apr 23, 2017.

  1. trlrtrash13

    trlrtrash13 The trash of thy trailer.
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    Days could be numbered for the notorious FDA deeming regulations as efforts to repeal and replace gain new momentum. Next week the U.S. Congress is back in session and if all goes according to plan, Rep. Duncan Hunter will introduce comprehensive legislation which would take vapor products out of the tobacco products category and completely shutdown the industry killing PMTA process.​



    https://www.regulatorwatch.com/bren...aping-legislation-ready-replace-deeming-regs/
     
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  2. Snert

    Snert Administrator
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    Excellent post TT!

    Here's a link to the legislation.

    https://www.tattoovape.com/wp-content/uploads/2017/04/CSREVA115-APR-21-2017-vr..pdf

    This document contains a ton of "strike this/add this" based on the original deeming regs (I believe) so I don't get as comprehensive of a picture as I've gotten from other pieces of legislation.

    The main point I DID get from this is that mechs are probably done. This piece of legislation attempts to address (rightly or not, I'll leave to you) the rash of battery fires we've seen on the nightly news, Facebook and local papers that eventually led to the US Navy banning vaping products on their ships. It's all about battery safety, short circuit protection, charge and discharge monitoring. You're not gonna get that with a mech.

    Well, maybe that's the main point as to regulating the market. It also legally and officially enshrines the concept of tobacco harm reduction especially using electronic cigarettes. Shouldn't gloss over the importance of that!

    I'll be interested to hear CASAA and some of the other advocacy groups weigh in.


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  3. vapinitup

    vapinitup The Original Crew
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    The following is what I was interested in seeing.

    "12 ‘‘SEC. 1006. PREEMPTION OF CERTAIN STATE AND LOCAL REQUIREMENTS. ‘‘(a) IN GENERAL.—
    No State or political subdivision of a State may establish or continue in effect any requirement with respect to the manufacture, distribution, or sale
    of an e-liquid or personal electronic vaporizer which is different from, or in addition to, any requirement under the provisions of this chapter or pursuant to section 503(g), including the exclusion of e-liquids and personal electronic vaporizers from the definition of a tobacco product under 22 section 201.‘‘(b) EXCEPTION.—Information disclosed to a State consistent with subsection (a) that is exempt from disclosure under section 552(b)(4) of title 5, United States"

    As far a mechs go, I don't use any mech that doesn't have some kind of safety, such as a spring that drops the battery in case of a short. My current favorite is a Gus Mod. The Gus has a small Littelfuse 1808 SMD/SMT Fast Acting Fuse in the top cap that connects the battery to the 510 connector of the atty.
     
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  4. trlrtrash13

    trlrtrash13 The trash of thy trailer.
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    I've got a few mechs that I use regularly and I will definitely hang on to those. That being said, at this point I would be willing to give up future access to new mechs in exchange for the good that comes out of this bill.
     
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  5. debinnv

    debinnv The Original Crew
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    This is awesome and I am hopeful! I am glad I ordered that Noisy Cricket II ( thank you @trlrtrash13 for the tip ). It has to clear customs still and I hope it does, but I got it for like $13 :) Then again I think that one has some protections built in anyway. I think the only true mech I have with no protections is the Chi You
     
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  6. Snert

    Snert Administrator
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    I totally agree. The Silk Road Deep Web site is proof that if something is patently illegal or even falling into a gray area, it'll go underground. I doubt law enforcement will be as motivated to chase "illegal" mech mod makers as they are heroin or illegal firearms sellers.

    I've got mechs I'm happy with, and will continue to use. Maybe if mech makers do something to integrate a fuse and battery chargers cover the charging side of things, mechs will survive as well.


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  7. trlrtrash13

    trlrtrash13 The trash of thy trailer.
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    I don't think they'll find a fuse that satisfies both me and regulators. lol. I need around 25 amps for my mods.
     
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  8. Exodus

    Exodus The Original Crew
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    now this is truly good news !!
     
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  9. trlrtrash13

    trlrtrash13 The trash of thy trailer.
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    It's now made the mainstream news outlets.

    April 25 (Reuters) - A bill expected this week in the U.S. House of Representatives would weaken a Food and Drug Administration rule governing e-cigarettes and represent a major victory for the $4.4 billion U.S. vaping industry.

    The bill, from Republican Representative Duncan Hunter of California, would reverse the Obama administration's "Deeming Rule" which deems e-cigarettes to be tobacco products, subject to the same strict regulations governing traditional cigarettes. E-cigarettes heat nicotine-laced liquid into vapor but do not contain tobacco.

    Hunter's bill, which was reviewed by Reuters, would exempt vaping devices from many of those rules, including a requirement that new products be reviewed and authorized by the FDA before being sold. E-cigarette makers say the process is too expensive and would prevent smokers from gaining access to the products.

    The bill adds momentum to a series of legal and legislative efforts by tobacco and vaping companies to derail the FDA rule, though it is unclear how much support it will garner.

    The move comes as President Donald Trump's administration is cutting regulations across the board and as Congress is poised to confirm Dr. Scott Gottlieb to lead the FDA. Gottlieb, who held a financial interest in the vape shop Kure, said e-cigarettes in certain circumstances may be a good alternative for smokers.

    A separate plan from Republican Representative Tom Cole of Oklahoma and Democrat Sanford Bishop of Georgia would exempt thousands of vaping devices currently on the market from FDA approval. The Cole-Bishop proposal is expected to be attached as a rider to Trump's spending plan, which could be voted on as early as this week.

    Hunter's bill would go further, bringing the entire regulatory process to a halt.

    "Cole-Bishop is like gaining the inch, and Hunter's legislation the yard," said Joe Kasper, Hunter's chief of staff.
    Full article here.
     
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  10. debinnv

    debinnv The Original Crew
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    FNG OUTSTANDING! :)
     
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  11. trlrtrash13

    trlrtrash13 The trash of thy trailer.
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    It remains to be seen how much support he will get but this could be a total game changer.
     
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  12. Snert

    Snert Administrator
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    Let's hope... and pester our Seniletors and Congress Critters.


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  13. vapinitup

    vapinitup The Original Crew
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    Good news I hope. I'm just wondering if any of this passes, how will it affect what the individual states are doing. Will there have to be lawsuits filed to get them to fall in line?
     
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  14. trlrtrash13

    trlrtrash13 The trash of thy trailer.
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    Federal law preempts state law, so if a federal law passes separating vapes from tobacco products than state laws regulating vape products under tobacco authority would be invalidated. State laws regulating vapes as a separate entity would be ok, but I don't know how the different state laws are worded and how they would stack up.
     
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  15. Snert

    Snert Administrator
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    Well, if the Hunter legislation goes through, vape gear wouldn't be classified as tobacco products but I'm sure they can invent some category to tax. Hell, Philly is taxing Big Gulps.


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  16. trlrtrash13

    trlrtrash13 The trash of thy trailer.
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    They sure can. It then becomes a matter of political capital though. Big Gulps are high in sugar with no nutrition, so it is easy to tax them. If this bill can successfully change the narrative to vaping as a smoking cessation product it becomes much harder to tax politically. It's like charging a guy for the patch to make up for the cigarettes he won't be smoking while he is on it, whereas currently it is seen as charging a guy for the product he is using alternatively.
     
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  17. AnnaWatson

    AnnaWatson New Member

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    I am not understanding what is deeming regs in vape community please tell me about this what's the mean of this.
     
  18. jhon vick

    jhon vick New Member

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    this is awesome men great and I love too play cricket.
    https://bertsvapebar.co.uk/
     
  19. Andrew

    Andrew New Member

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