About twenty seconds (0:20) into the video below we see precisely what the FDA thinks is an e-cigarette that can be regulated (the video is a clear reflection of the published regulations):
A regulated "component or part" includes "software" or "hardware" that is "intended or reasonably intended" to alter (in any number of ways) the "tobacco product."
So if I sell an electronic device that is multi-functioned (USB charging port, flashlight, 510 connector, dean's connector) and configured for a specific function after purchase by the purchaser how can it be regulated?
How can it be an e-cigarette?
How can it be anything until the user makes a decision.
(See the previous posts on the OSP, also here. The point of my posts is that such devices, that are not configured until after a user chooses to set it a certain way, cannot be regulated.)
Obviously the intent of such a device is to be "multi-function" so what would the intent (I guess at the point of manufacture) of its use be?
If my iPhone, Facebook, or any other software such as the internet is involved in "altering" a "tobacco product" then, by this definition, they are also themselves "tobacco products" and the target of regulation. They, the iPhones, must be because they, the iPhones, are altering "tobacco products"... or are they?
(There is a strong parallel to synthetic nicotine which the FDA says it will not regulate.)
If my iPhone controls my mod but somehow, even if it's integrally required to operate my mod, the "intent" of the iPhone is not to be a "tobacco product" (because Apple says not) and the iPhone cannot "reasonably" be intended to alter a tobacco product because Apple says so, then how can anything be regulated as an e-cigarette (unless the manufacturer says it's an e-cigarette).
It would seem to me that the only things that can be regulated are things which are either 1) declared to and actually involved in the altering of "tobacco products" or 2) declared to be e-cigarettes.
But if Facebook or an iPhone or Android is directly used to do this, they'd have to be regulated by the FDA? Or would they?
By creating and selling devices which require the use of a cell phone to fire a mod someone will be forced to decide this issue.
An iPhone as a tobacco product is patently ridiculous, but it is one because I sold commercial e-cigarette products that required an iPhone to use. The 18650's in a Chinese mod are regulated whether or not they were intended to be so it would be true also for the iPhone.
This is all a charade.
An illogical contradiction.
Nothing in a e-cigarette is made out of tobacco unless you, the user, put it there.
I don't vape nicotine, yet I am now forced to purchase products e-liquid products which are required by the FDA to carry a false ingredient list (nicotine in a product which does not actually contain nicotine).
The synthetic nicotine manufacturers have already called the FDA bluff.
Maybe the rest of the vaping industry should too...
A regulated "component or part" includes "software" or "hardware" that is "intended or reasonably intended" to alter (in any number of ways) the "tobacco product."
So if I sell an electronic device that is multi-functioned (USB charging port, flashlight, 510 connector, dean's connector) and configured for a specific function after purchase by the purchaser how can it be regulated?
How can it be an e-cigarette?
How can it be anything until the user makes a decision.
(See the previous posts on the OSP, also here. The point of my posts is that such devices, that are not configured until after a user chooses to set it a certain way, cannot be regulated.)
Obviously the intent of such a device is to be "multi-function" so what would the intent (I guess at the point of manufacture) of its use be?
If my iPhone, Facebook, or any other software such as the internet is involved in "altering" a "tobacco product" then, by this definition, they are also themselves "tobacco products" and the target of regulation. They, the iPhones, must be because they, the iPhones, are altering "tobacco products"... or are they?
(There is a strong parallel to synthetic nicotine which the FDA says it will not regulate.)
If my iPhone controls my mod but somehow, even if it's integrally required to operate my mod, the "intent" of the iPhone is not to be a "tobacco product" (because Apple says not) and the iPhone cannot "reasonably" be intended to alter a tobacco product because Apple says so, then how can anything be regulated as an e-cigarette (unless the manufacturer says it's an e-cigarette).
It would seem to me that the only things that can be regulated are things which are either 1) declared to and actually involved in the altering of "tobacco products" or 2) declared to be e-cigarettes.
But if Facebook or an iPhone or Android is directly used to do this, they'd have to be regulated by the FDA? Or would they?
By creating and selling devices which require the use of a cell phone to fire a mod someone will be forced to decide this issue.
An iPhone as a tobacco product is patently ridiculous, but it is one because I sold commercial e-cigarette products that required an iPhone to use. The 18650's in a Chinese mod are regulated whether or not they were intended to be so it would be true also for the iPhone.
This is all a charade.
An illogical contradiction.
Nothing in a e-cigarette is made out of tobacco unless you, the user, put it there.
I don't vape nicotine, yet I am now forced to purchase products e-liquid products which are required by the FDA to carry a false ingredient list (nicotine in a product which does not actually contain nicotine).
The synthetic nicotine manufacturers have already called the FDA bluff.
Maybe the rest of the vaping industry should too...
The "Lone Wolf" Graphic Arts Technologist: Calling The Regulatory E-Cig Bluff >>>>> Download Now
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