How Will FDA Regs Affect Ebay Estate Sales?
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I would like to think it would be considered a private sale, free form regulation since its a "used" item and made prior to the deeming date.
@Coyote, I certainly hope not. I'm not a fan of the site but it's a great resource to build up a rotation for beginners as well as find some hidden gems for refurb.
@Pagan, that's my line of thought as well. call it a collectible or antique to skirt the law.
@Pagan, that's my line of thought as well. call it a collectible or antique to skirt the law.
You can buy the old diabetes kits with glass syringes from the 40's and 50's on ebay. You can also buy scalpels, bone saws, etc... I don't see why someone couldn't sell an antiquated nicotine delivery system. If you are expected not to use the bone saw, why not a pipe.
Otherwise, I have no idea. Sillier things have happened.
Otherwise, I have no idea. Sillier things have happened.
I'm still trying to be positive and holding out some hope that the courts will overturn the FDA's authority to regulate tobacco pipes. It's always a toss up when you have to rely on the courts, but I think there is a very strong case to be made that it is a blatant overreach for the FDA to be able to regulate the pipes themselves. While they can attempt to make a case that they have the authority to regulate the tobacco that is smoked in pipes, trying to regulate a non-nicotine/tobacco, non-food or drug product such as a corn cob or briar pipe by claiming that is is an integral component of pipe tobacco use, is a real stretch to say the least. Think about it, if you follow the FDA's logic that a pipe is a "nicotine delivery device", then paper companies should also be regulated as tobacco can be rolled up in paper and smoked. If an artist is commissioned to make an historic clay pipe for display in a museum setting, is he/she now breaking the law because he/she made the pipe for profit and the pipe is technically a "tobacco pipe"? How about the plumbing industry, should the FDA regulate them as well as someone could take a small metal pipe and elbow and make a smoking pipe out of it. The latter maybe somewhat of a ridiculous example, but it just illustrates that the FDA is really stepping outside of its normal operational boundaries to regulate pipes which they know absolutely nothing about and in so doing may be opening a bigger can of worms than they are prepared for.
Enforcement would be improbable, not just online, but at flea markets and yard sales, etc. Millions of people own old tobacco pipes they can't sell, in a garage sale? Likewise with carvers, you can't sell your carving at a flea market or yard sale?
I think the larger issue is that the dampening effect of the regulations will slow pipe sales in general, as current pipe smokers buy more and hoard more tobacco instead of pipes, and people buy fewer pipes influenced by the chilling influence of the regs. If reselling expensive pipes became a legal issue, that would certainly limit sales, and steer people toward less expensive pipes.
But all of this may be chicken little thinking. Various accommodations and legal wrangling may leave things more the same than different. My crystal ball is cloudy.
I think the larger issue is that the dampening effect of the regulations will slow pipe sales in general, as current pipe smokers buy more and hoard more tobacco instead of pipes, and people buy fewer pipes influenced by the chilling influence of the regs. If reselling expensive pipes became a legal issue, that would certainly limit sales, and steer people toward less expensive pipes.
But all of this may be chicken little thinking. Various accommodations and legal wrangling may leave things more the same than different. My crystal ball is cloudy.
It's important to note that the FDA regs are targeted at retailers and manufacturers, not person-to-person sales. So, the estate pipes for sale at your local B&M and antique shop are technically under the gun, but not the ones at the yard sales. Of course, a case can also be made that every briar, meerschaum, morta, clay, corn cob, etc. pipe has a substantial equivalent that dates prior to the Feb 2007 cutoff date.
Even if the FDA chose to pursue estate pipes sellers, I'd think the market would be almost impossible to police due to it's "homegrown" nature. The only way that I can see it being done is if they come down really hard on just a few guys in an effort to scare off the rest.
Even if the FDA chose to pursue estate pipes sellers, I'd think the market would be almost impossible to police due to it's "homegrown" nature. The only way that I can see it being done is if they come down really hard on just a few guys in an effort to scare off the rest.
Very good responses above and I think you all are on the right track. Moreso than the FDA/police cracking down, do you think ebay would implement a new rule for pipes if pressed by Fed Gov? Personally I don't think so as currently tobacco still makes it way through the system with loophole disclaimers.
I'm trying not to be Chicken Little over all this but am curious of the potential collateral damage.
I'm trying not to be Chicken Little over all this but am curious of the potential collateral damage.
That's always a possibility, regs or no regs. eBay, Etsy, etc. don't even need to be pressured really. All they need is to feel a little warm wind at their backs from shareholders. Estate pipe sales make up such a small part of their profits that it wouldn't really be a problem for them.
I was thinking pretty much the same thing. And that the FDA is probably too clueless to realize pipes are sold on Ebay anyway.
While it's good to live life as an optimist, when it comes to politicians passing unenforceable laws in the name of "public safety" anything is (and has been) possible.
"It's important to note that the FDA regs are targeted at retailers and manufacturers, not person-to-person sales."
Not person-to-person sales, not just yet, but give the bastards time...
Not person-to-person sales, not just yet, but give the bastards time...
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