Bans: You're Not Calling Them On It...

The 0mg Loophole

As the noose tightens around the vaping industry one has to ask: Why does the FDA not bother mods? Why do they and state, municipalities, etc. go after flavors? (Of course we know it's "for the children" but hold on for a second...)

You, the vape shop owner, are being led down the garden path.  You are the victim of sleight of hand by government and your leaders.

No, no, don't think about facts.

Panic, run, close down, whatever.

No, no, don't follow reason.

Don't think about this...

STOP.

Take a deep breath.

Think for one minute PLEASE...

Flavored propylene glycol and vegetable glycerin are used throughout the baking industry.  They are staples in kitchens both commercially and at home.  They are exactly the same thing as 0mg e-liquid.  They are vapable.

These products, see King Arthur Coconut Flavor for example, are 0mg e-liquid (though a loophole still allows them to be sold...)

If a vape shop sold King Arthur Coconut Flavoring right next to some 0mg e-liquid how could the two be separated from a legal or regulatory perspective?

Answer: they can't because they are physically the same thing.

It's only through the "magical thinking" of "saving children's lives" that one is killing our children while simultaneously the other is served to those same children at the middle school bake sale...

(In PA, in a lawsuit won by Kingdom Vapor,  PA tried to tax a USB charger sold in a vape shop differently than one sold at Walmart.  Same nonsense, and the state lost...)

So if I put King Arthur Coconut Flavoring into my vape shop, sell it, and someone vapes it wouldn't the state have to ban King Arthur Flavoring sale statewide?

Of course they would.  It's the exact same thing as e-liquid AND it's a vaping product.

I could also inject nicotine into Glade plug-in and sell it.  It's a vape because it's inhaled and contains nicotine.

Would it be banned?

Now it's e-liquid, right?

(The manufacturers would fight it but the law will drag them into the fight...)

I believe that mods and software are not "tobacco products" because I called the FDA out on it (see this).  I made an iPhone and an Android phone "tobacco products" by using them to control mods.  I wrote letters to Apple and Google explaining how they were culpable for selling tobacco products to children.  After a few months the FDA changed its tune and decided not to label software and electronics as "tobacco products."

Gee, I wonder why?  Can't have little Suzy at school with a "tobacco product" now can we?  Oh wait, it's supposed to be a phone but it's a tobacco product.

Instead of whining about the law, turn the law against itself. 

Turn the law against physically similar products to make the vendors of those products an ally.

Take things to their logical, legal conclusion: Require the ban all all frosting flavoring.  Make the baking and Glade plug-in people work for us by roping their products into the ban.

It works.

I believe that I did it and I believe that someone other there can do it too.