Ken Byron Ventures and the Deeming Regs

[sittingbear]

(Great name for a band, no?)

Apologies if this has already been covered ad nauseum.

I was surprised to hear of a new small batch blender recently (KBV), given the pending crackdown on a variety of newer blends via the deeming regs. Does anyone know how the regs will affect their business?

 

[fightnhampster]

I was thinking the same thing. Sakura sounds good and I decided to purchased a bit.

 

[Sloopjohnbee]

(Great name for a band, no?)

Apologies if this has already been covered ad nauseum.

I was surprised to hear of a new small batch blender recently (KBV), given the pending crackdown on a variety of newer blends via the deeming regs. Does anyone know how the regs will affect their business?

I assume he's doing it on the 'low key' Q.T. under the radar - us pipers 'arent rats like most politically correct leftists

 

[canucklehead]

I think the impending doom by deeming may be slightly overblown.

 

[gerryp]

I'm picturing a dystopian future in which a SWAT team in HAZMAT suits bust into some poor sap's garage as he's weighing and bagging a Captain Black clone.

 

[gerryp]

Btw, the suits are worn because of the danger of 11th Hand Smoke, which can kill you by traveling through time and across dimensions.

 

[olkofri]

He might just be doing it for as long as he's able, then he'll move on.

 

[oldgeezersmoker]

I assume he's doing it on the 'low key' Q.T. under the radar - us pipers 'arent rats like most politically correct leftists

He is fully and completely licensed, as is Ernie at Watch City, Jon David at Country Squire, Peretti, etc.

 

[woodsroad]

He may be BATFE licensed as a manufacturer, but how does he deal with the FDA 2007 cutoff? Substantial equivalence?

 

[jaytex1969]

us pipers 'arent rats like most politically correct leftists

We all like pipes here. Beyond that, we all differ.

Please check the partisan content and have a nice day.

 

[logs]

He may be BATFE licensed as a manufacturer, but how does he deal with the FDA 2007 cutoff? Substantial equivalence?

Not sure he has to. The cutoff date hasn't stopped other companies from releasing new blends that have no prior equivalent. They do it all the time. It's just the sales model is different, with the emphasis being "buy right now or lose out." I doubt he's in it for the long haul. I expect KBV will sell until the state tells him he can't and then he'll move on to some other business. He may well have a full time gig going and pipe tobacco is just a bit of extra gravy.

 

[Sloopjohnbee]

We all like pipes here. Beyond that, we all differ.

Please check the partisan content and have a nice day.


View attachment 43602

It was intended to be a joke ;D

 

[JimInks]

Not sure he has to. The cutoff date hasn't stopped other companies from releasing new blends that have no prior equivalent. They do it all the time. It's just the sales model is different, with the emphasis being "buy right now or lose out." I doubt he's in it for the long haul. I expect KBV will sell until the state tells him he can't and then he'll move on to some other business. He may well have a full time gig going and pipe tobacco is just a bit of extra gravy.

He does have have a full time job. I suspect he'll make blends as long as he can.

 

[cigrmaster]

If it were me I would have around 10 LLC's set up ready and waiting. I would have a great accountant who whose job is to keep you out of jail. This accountant would also not care about fines and penalties.

I ran my own businesses for 27 years and was never audited. I never took a home deduction even though I could have for a decade. There are ways around the system and then there are red signals that say look at me.

Almost forgot, trusts are a very handy tool as well.

 

[mso489]

So many people are just living on gigs these days, aromatic tobacco may look like a relatively long term activity, like maybe even a year.

 

[Richmond B. Funkenhouser]

who are these gigsters?

 

[hoosierpipeguy]

While KB blends seem popular at this forum, overall, they're a blip in the miscellaneous others. At this point, what choices does he have? I seriously doubt his volume justifies any attempts to gain FDA approval. If the deeming regulations ever are put into affect, he likely drops out or even continues to supply some product to loyal customers remaining under the radar. I'm not a fan of his blends but I respect his efforts to do something innovative. I hope he continues to remain in business for the sake of all those who enjoy his products.

 

[oldgeezersmoker]

He may be BATFE licensed as a manufacturer, but how does he deal with the FDA 2007 cutoff? Substantial equivalence?

The FDA has publicly stated that enforcement actions related to pipe tobacco are not at this time an enforcement priority. I have never had a case involving the FDA, but when any other agency I have dealt with issued a press release stating something along those lines, I was very comfortable in telling clients they could keep doing what they were doing as long as they were prepared to stop on a moments notice. And I mean really stop.

There also might be a bury the FDA in paperwork opportunity with the latest iteration of the regs I have read. Small players have benefitted from that sort of thing in the past with the FDA. But I am retired and have a very limited tolerance for reading this sort of stuff any more.

 

[woodsroad]

Since I got out of the business (for reasons other than the FDA), I have not kept track of the machinations of business and government. I do know that a Lot of "new" blends are simply old blends with new names. This is the case with all the "new" John Cotton blends and all of the Murray's and Four Square blends. Other "new" blends are simply old blends processed differently (i.e. pressed). Some are the same blend, but with different strains or geographic source of the same tobacco type. There is a lot of room to be creative and make entirely new products while keeping within the regs. McClelland could have easily kept producing Christmas Cheer, for example, since all of it was just "Virginia" tobacco.

 

[cosmicfolklore]

I've read on here more than a few times that some of these "out of the blue" new blends (not based on an old one) are just these companies following the paperwork, and continuing easy breezy. It could very well be that there is a system for companies to follow to keep adding new blends. Or, it could be that our lack of legal expertise just doesn't fully comprehend these regulations correctly, Hell I barely trust 90% of the stuff posted on here, concerning anything really, ha ha. Or, maybe the FDA has added procedures to submit new blends, based on some change of process or something something. I don't know, but in the last few years I have seen a bunch of new blends hit the market and even a few new companies and blenders that I had never heard of before.