How Wll FDA Enforce?

sparrowhawk · Jun 29, 2016

In the reading about the coming new regs by the FDA, those concerning the variety of blends (help me if I'm misinterpreting this), just how would the gov regulate new blends when thousands of companies "change" their formulations--"New! Improved Flavor!"--all the time when quite probably there is no change to speak of, at least not one identifiable by outsiders, or those that are trade secrets (think Coca Cola lets the FDA know the formula for Coke?). In other words, I suspect the FDA will find it impossible to enforce this aspect of the law. Better to be concerned with increased taxes. Am I misinterpreting anything here?

pipesmokingtom · Jun 29, 2016

They don't even know what the hell they're doing yet.

warren · Jun 29, 2016

My guess is they will request compliance, spot check and use heavy fines. Fines sufficient to put small blenders out of business should they run a foul of the Government. I would presume they will also be empowered to prevent importation of an offending producer's products. Certain trade agreements will enter into the decisions. Ultimately, the FDA has the full power and might of the US Government to enforce compliance. We pay for thousands of attorneys to enforce such regs and armed officers to see that such regulations are adhered to. Then some company has to hire attorneys to represent his side against the opposing attorneys he pays to prosecute himself. I used to love to point that paradox out to drunk drivers and such. You pay for your prosecution and your own defense.
With regard to Coke and other "secret" formulae they aren't secret. They are protected in various ways but, available testing would provide the ingredients and ratios easily and quickly.

perdurabo · Jun 29, 2016

sparrowhawk · Jun 29, 2016

I stil wonder if the leverage of such spectacular force would bring down upon them the last thing they want to see--the scrutiny of the public over what is ultimately a very little thing? My instincts still suggest it would take decades to actually make these laws enforceable. I suppose we'll see soon enough.

perdurabo · Jun 29, 2016

Sparrow, walk into your local liquor store and ask about the ATF, that is if they're not ABC. Same for the tobacco stores. My argument is that congress gave these powers over to the FDA, that's illegal. A branch of government is forbidden to pass its authority to another branch. Last time I checked, the FDA wasn't a branch of government in the US. Problem's solved. But the American people are asleep.

papipeguy · Jun 29, 2016

The FDA does not have the power to tax, not do they want it. Their sights are set on getting rid of tobacco, period. They won't, of course, but they'll put a dent in the supply and innovation. You can bet that they will petition Congress for more agents to enforce the new ruling. Then the question becomes, what do you do with all of these agents after many tobacco houses are out of business?

Regarding B&M's, they'll find a few that are not in compliance and make an example of them. All they need now are the jack boots.

sparrowhawk · Jun 29, 2016

Both points by both gents are well taken. As mentioned earlier, they don't know what they're going to do. Neither do we.

sablebrush52 · Jun 29, 2016

In the reading about the coming new regs by the FDA, those concerning the variety of blends (help me if I'm misinterpreting this), just how would the gov regulate new blends when thousands of companies "change" their formulations--"New! Improved Flavor!"--all the time when quite probably there is no change to speak of, at least not one identifiable by outsiders, or those that are trade secrets (think Coca Cola lets the FDA know the formula for Coke?)

Well, for one thing, manufacturers won't be able to use modifiers like "new and improved!!" in their labeling or advertising. The list and percentages of ingredients will have to be given to the FDA as well. If these requirements aren't met the product will have to be discontinued by August 8th 2019 at the latest. Undoubtedly there will be inspections of facilities. Somehow, I don't see manufacturers and B&M's taking a defiant stand here if court challenges fail. They'll just sell what gives them the least amount of problems. It's not like there won't be something in the neighborhood of a couple of thousand blends left to choose from, at least initially. Evidently, there's over 6,000 now.

pipesmokingtom · Jun 29, 2016

It's not like there won't be something in the neighborhood of a couple of thousand blends left to choose from, at least initially.

In theory, yes. But just because a manufacturer CAN keep a blend around until 2018 doesn't mean they necessarily will. If they have no intentions of seeking approval, I suspect many will slim the line up well before that.

sablebrush52 · Jun 29, 2016

In theory, yes. But just because a manufacturer CAN keep a blend around until 2018 doesn't mean they necessarily will. If they have no intentions of seeking approval, I suspect many will slim the line up well before that.

Oh, yeah, absolutely. But I'm referring to pre 2007 blends as potentially numbering around 2,000. Who knows, it could end up being 1,000. Still better than Australia, where you have something like 3.
I would expect that manufacturers would kill off a lot of so so performers rather than spend money to try to keep them around for a couple of more years.

cossackjack · Jun 29, 2016

@papipeguy: the FDA already has the jack boots, as do most US Governmental Agencies:

The FDA is stockpiling military weapons — and it’s not alone

The United States of SWAT? Military-style units from government agencies are wreaking havoc on non-violent citizens.

warren · Jun 30, 2016

These times that are acommin' make me glad I'm a pragmatist. Some folks will find the changes hard to digest even though there is no alternative.

brian64 · Jun 30, 2016

How Wll FDA Enforce?

They're forming a special task force of Ringwraiths mounted on Pteradactyls. Violators will be carried away to re-education camps in Mordor (unless of course the Pteradactyls haven't had lunch yet).

mso489 · Jun 30, 2016

...or the whole thing will get bogged down in endless bureaucratic hoopla and though it sound draconian, it won't amount to much. Hold good thoughts.

How Wll FDA Enforce?

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