CASAA Call to Action: Given the recent developments of 8/4/2014, my short answer is “sooner rather than later”! Let me explain my thinking on this issue. Bolded by me in the following extractions:
“In a letter to FDA Commissioner Margaret Hamburg, the Members wrote: “While FDA’s proposed rule sets the stage for future regulations, strong regulatory actions on marketing to children, e-cigarette flavors, and online sales cannot wait. FDA has an existing mechanism to protect children now—without waiting years to implement new regulations to accomplish these goals.” This letter was dated 8/4/2014 and signed by:
“Today’s letter was signed by U.S. Senator Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee; Senators Dick Durbin (D-IL); Jay Rockefeller (D-WV); Richard Blumenthal (D-CT); Edward J. Markey (D-MA); Sherrod Brown (D-OH); Jack Reed (D-RI); Barbara Boxer (D-CA); Jeff Merkley (D-OR); and Dianne Feinstein (D-CA) as well as U.S. Representatives Henry Waxman (D-CA); Frank Pallone, Jr. (D-NJ); and Diana DeGette (D-CO).”
The final paragraph of the letter to Hamburg says: “…We urge you to finalize this proposed regulation within a year…”
If you watched the first two Senate HELP Committee hearings on ecigs their should be no doubt in your mind that these specious agenda driven Democratic members intend to obliterate Vaping off the face of the earth. Now the FDA and OMB have the wind at their back with this new letter. Although the exact timeline of when at a minamum Juice will be banned from Internet sales is a legitimate debate since it involves Politics, Mid Term Elections, and our own efforts it remains fuzzy today as I write this. One thing is crystal clear in my mind, within (if not sooner) three to five years this will happen and anyone who thinks otherwise is either agenda driven, conflicted, or suffering from “head in the sand” aka Ostrich syndrome. Say byby to your China connection via PayPal and any other Juice vendor engaged in Internet sales. Finito. The choke point has always been and will continue to be the method of payment plus vigorous enforcement. Enforcement via a federal law may occur via an amendment to the Pact Act which has a successful track record (eliminated) for Internet Sales of a carton of your favorite smokes is already in place. So here it is with yet another ramification: for the lovers of the Black Market and other sketchy activities, study the PACT Act which must be revised and which is already in place and enacted in 2010:
“New Federal PACT Act Prohibits Trafficking Cigarettes on Internet
New York to Recover Millions in Lost Cigarette Tax Revenue
ALBANY, N.Y. (July 1, 2010) – The Internet sale of tobacco products in the United States is now illegal under the federal PACT Act – the Prevent All Cigarette Trafficking Act. President Obama signed the PACT Act into law on March 31, which curtails the sale of untaxed cigarettes and other tobacco products over the Internet and bans the delivery of tobacco products through the U.S. mail.”
Another perhaps more likely enforcement option with respect to Internet sales of juice is that the Final Rule will simply be changed to include the original clause and an expansion of same below which was previously removed (before the release of the deeming) by OMB. Simple, just put it back into the Final Rule and expand it a bit. It originally read in part: “…Prohibition of non-face-to-face sales (e.g., vending machines), unless the vending machine is located in a facility where the retailer ensures that individuals under 18 years of age are prohibited from entering at any time.”
What remains after this? Realistically, you can’t eliminate 100% of the sales and that is not my assertion. You are left with “Vinnie” in a dark alley who only takes cash.
(Note: This is the second version of this article and I have corrected my error in originally saying that the PACT Act already has the authority to Ban Internet Sales of Juice. Thanks DC2 for correcting me.)