FDA Begins Unannounced Inspections of Pipe Makers

[rnewcombe]

Sheldon Richman's article was brilliant and a major contribution to our understanding of how the FDA is calling pipes a "component of tobacco," when they are not. They are vessels for consuming tobacco, just like coffee cups are vessels for consuming coffee.
Cosmic fails to grasp the significance of having federal agents target an individual pipe maker with the threat of shutting him down. To say, "keep politics out of this" is insane. It is politics that the FDA uses to justify their unauthorized raids -- and Jeff Gracik is not the only pipe maker to have been subject to an inspection by the federal government. He is the only one brave enough to talk about it.
Jeff's grandmother was not only Andy Warhol's cousin; they grew up together in the Pittsburgh area and played together as kids. Imagine if federal inspectors demanded that Andy Warhol drop everything on a surprise raid and then have to answer questions about the components of the paint that he was using. There is absolutely no difference.
The FDA was given authority to regulate tobacco only, not accessories. Their answer is to redefine the word "tobacco" to include briarwood and vulcanized rubber. We need to let them know that reality is not optional.

 

[robcapp]

All politics and positions aside.... I find it a very sad state of affairs, and a terrible indictment on modern policy that the FDA inspection even occurred.
If it had been the EPA who had queried the Jeff, and the suppliers of the briar for reasons of environmental protection, that would have more appropriate and even understood (not that there's a problem with it, but in order to examine and establish the sustainabity of briar root, and clear it as A OK)
It's sad, very sad in fact, that in this day and age such over-reach is allowed to happen, and that cooperation is wise in order to avoid conflict and continued and onerous scrutiny.
Regardless of political persuasion, I would hold in high regard the people and beaurocrats who have the courage to criticize the FDA for their actions and attempt to dissuade such over-reach occurring to others.

 

[olkofri]

If it had been the EPA who had queried the Jeff, and the suppliers of the briar for reasons of environmental protection, that would have more appropriate and even understood (not that there's a problem with it, but in order to examine and establish the sustainabity of briar root, and clear it as A OK)

Oh, man, please, don't give them any more ideas. Soon they'll be regulating how many times we can go to the bathroom: too many and we'll be deemed to be 'hurting' the environment.

 

[mikethompson]

We effectively paid their legal bills and offered to help with the filings.

Well done :clap:

I will second that. That is very nice to hear.

 

[cosmicfolklore]

Cosmic fails to grasp the significance of having federal agents target an individual pipe maker with the threat of shutting him down. To say, "keep politics out of this" is insane. It is politics that the FDA uses to justify their unauthorized raids

“keep politics out of this” was in regards to the first link to the OP’s initial post (that has been changed since Kevin got involved). Initially, the original post was different. There was a link in the first blog that took you to the liberatarian website. Now, the link goes to the post “on” the libertarian website, instead of the OP’s personal blog.
My paraphrasing, was because the OP was so long, and having been here for a while, I know that usually we complain that posts can be too long, and it was mentioned. If my paraphrasing led someone to go verify the story for themself... I have helped the OP.
It sounds to me like the FDA is still figuring out that regulating pipemakers is going to very different from regulating a huge industry. I have my hopes, and my own fears. I’m just not sure what in hell to do about any of this. I am just like everyone else... not sure what’s going on, nor what to do about it. If it helps to get mad and throw a chair against the wall, give me a good chair and point to which wall. Because I have participated with all of the online polls, letter writing, and such. If there was a place on the ballot to vote to get the cigarette industry out of the FDA pipe Biz, I’d vote. Otherwise, no candidates seem to care.

 

[carolinachurchwarden]

Yeah, it sounds like the FDA is just grasping at straws. It's not like the food industry where you're arrempting to ensure rules are followed so that people don't get sick. So what exactly is their endgame supposed to be or going to look like? I mean, it'd be like regulating the butchers knife you used to cut a steak.

 

[rnewcombe]

I think the main thing we can do is to shine a spotlight on the FDA's unauthorized over-reach, which is why I am so enthusiastic about Sheldon Richman's article. This is actually the third in a series of columns he has written about how the FDA is harming consumers of tobacco.
The fact that his link was to a website and not a specific article -- I understand, that is a problem for this forum. On the other hand, if any of you are interested in his first two articles about the FDA and tobacco, you should check out his blog, called a hobby not a habit, or The Libertarian Institute's website. I hope he continues writing more on this topic.
It is disgraceful that the FDA refuses to answer our questions most of the time, and, when they do, their answers are gobbledygook.
The disconnect between the bureaucrats and the voters is striking. Richman's column appeared in the same week that President Trump. in his State of the Union, was bragging that he has cut more regulations than any other administration. You would think that FDA bureaucrats would get the message -- that the days of over-reach have ended.
But when it comes to tobacco, everything is fair game. Imagine if you smoked one pipe bowl of tobacco per day without inhaling, and your friend smoked one pipe bowl of marijuana per day and inhaled deeply. Both activities promote relaxation, but the tobacco pipe smoker would be infinitely healthier over a period of years. Yet if Jeff Gracik made marijuana pipes instead of tobacco pipes in California, the FDA would not have sent inspectors to his house.
We need to keep shining a light on the unfairness of the attacks on our hobby. Sunshine is the best disinfectant.

 

[jpmcwjr]

24 hours later I am sick to my stomach at this intrusion.

 

[pipestud]

Great post, Rick!
I'd love to send a copy to every elected official in the country.

 

[crashthegrey]

We keep calling it overreach but people voluntarily registered for these visits. Let's not overlook that. The threat of having to register or not sell to retailers is certainly overreaching in my opinion, but they signed up for these visits when they chose to comply early, unless I am missing something.

 

[pipestud]

And thanks to Sykes for his post above for not only explaining the Gracik/pipe makers situation, but MAJOR KUDO's for supporting our American pipe makers in such a generous manner. Frankly, that blew me away.
Pipestud

 

[brian64]

We keep calling it overreach but people voluntarily registered for these visits. Let's not overlook that. The threat of having to register or not sell to retailers is certainly overreaching in my opinion, but they signed up for these visits when they chose to comply early, unless I am missing something.

Yeah, I wouldn't normally consider early or eager compliance to be a good strategy...but at some point it will no longer be voluntary (assuming it actually is voluntary right now).
And I can easily imagine that an independent artisan carver or even a small to medium size pipe company could be considering throwing in the towel in the face of dealing with this.
And that is why I applaud what SPC has done...because one of the typical results of regulatory actions is to put the small guys out of business (and IMO that is not an unintended consequence...but rather one of the primary intentions).

 

[rnewcombe]

If you were a pipe maker, would you register? In the end, you would have no choice if you live in the United States. I assume you pay taxes. Why do you do that? You might hate it, but if you choose to be an American, you are obligated to register with the IRS.
Same with the FDA and its crazy regulations -- confusing a vessel for consuming tobacco with tobacco itself. There is no way they can substantiate their claim that pipes are tobacco, because pipes are not tobacco, so that should be our focus -- forcing them to justify their unlawful war on pipes, not forming a circular firing squad and blaming the pipe maker for obeying the law.

 

[brian64]

What always amazes me when these types of stories come up (and there are many such stories involving many areas of human endeavor) is that any one of my fellow citizens can collect a paycheck courtesy of the tax payers to perform such "duties" and still be capable of looking at themselves in the mirror and sleeping at night.

 

[swilford]

Yeah, I wouldn't normally consider early or eager compliance to be a good strategy...but at some point it will no longer be voluntary (assuming it actually is voluntary right now).

It's not voluntary. It's required under federal regulations. Registering was a requirement for continuing to make pipes (or tobacco or cigars etc etc) as a domestic manufacturer.
So, Jeff registered voluntarily in the sense that he chose not to stop making pipes. But that's a pretty broad interpretation of 'voluntary'.

 

[brian64]

^ Thank you for that clarification.

 

[warren]

if you choose to be an American, you are obligated to register with the IRS

The above is simply incorrect. One must have taxable income before one needs to file, by and large. One doesn't even need to pay any gas tax directly or, school taxes, property tax and so forth. In truth, some live fully off of other peoples earnings, passed through various government entities after being received from tax payers, and never ante up a dime towards the services they receive.

 

[sablebrush52]

Rick put it well when he wrote about shedding sunlight on the issue. Articles like the one that initiated this thread are fine, but they have little to no larger impact. So what to do? How about a pipe smokers march on Washington. Thousands of pipe smokers carrying placards of Gerald Ford, Einstein, and other cultural icons who were pipe smokers. Sounds like of ludicrous, but so is this repression. And it will be in the news, which is more than can be said for letter writing campaigns or debates in pipe forums. Rally in front of the FDA and hold up a tobacco leaf and a block of wood and tell the news media that the FDA thinks they are the same.

 

[brian64]

There is a devious psychology involved in the type of "overreach" of equating a pipe with tobacco...it is to cause the actions taken against the tobacco to appear reasonable and acceptable by comparison.

 

[greatdane]

Pipe smokers are too few in numbers to effectively lobby our interests in DC. Trying to differentiate ourselves from cigar smokers, vapers or even cigarette users in the hope of getting some sort of future excemption for pipe smokers is hopeless. Time is short, HR 293 currently being considered by the Democratic House would effectively end pipe smoking in this country. While this bill has no chance passing with the current makeup of Congress, they will undoubtedly try again.