Referring to the Pipe Pundit article about the new regulations, what are they? He mentioned something about 2007. Someone please explain.
What Are New FDA Regulations?
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Foggy, why don't you read one of the dozen threads already on this topic under "Tobacco Legislation"?
Disclaimer: I am not a lawyer; what follows is a brief synopsis based on my reading. My condensed understanding is as follows: first, expect numerous court cases over the next few years that could change the face of what the regulations propose today. However, if enacted and carried through at face value the regs are essentially a gift to big tobacco aimed primarily at resetting the clock on the vaping industry, putting small and medium time vape operations out of business by crushing them with huge pay walls and transferring that industry solidly into the hands of pre-existing tobacco power players (Phillip Morris, etc). It is, in truth, a perfect example of regulatory capture in action. However, the lack of exemption for pipe tobacco products means a few harrowing items are on the docket for us. First, pipes themselves are now subject to regulation as "tobacco delivery devices". This was designed to capture e-cigs after the FDA classified the nicotine juice as a "tobacco product" (which it is not). A side effect is that we may see this obliterate the artisan pipe market as regulatory fees will likely be substantial and untenable for your local pipe carver. The second big hit is that simply repackaging tobacco that has been approved now qualifies you as "a manufacturer" and subjects you to regulation. This has two big side effects: (1) no more custom blends from your B&M and (2) a sharp decline in the ability to purchase bulk tobacco since repackaging 16 oz into eight 2 oz bags now requires FDA re-approval and all the costs that come with it.
Keep in mind: this regulation is intended to be a gift to big tobacco and allow them to recover and reclaim the vaping industry without having to compete for it. The pipe tobacco market is a bystander being affected due to the verbiage needed to make sure big money gets what they want: control of the popular, emerging, e-cig industry. We are such a small part of the spectrum that we are largely seen as inconsequential. For example, the premium cigar lobby has, I've heard, already met with some success in getting exemption language, for them, placed in riders to big agricultural legislation.
Keep in mind: this regulation is intended to be a gift to big tobacco and allow them to recover and reclaim the vaping industry without having to compete for it. The pipe tobacco market is a bystander being affected due to the verbiage needed to make sure big money gets what they want: control of the popular, emerging, e-cig industry. We are such a small part of the spectrum that we are largely seen as inconsequential. For example, the premium cigar lobby has, I've heard, already met with some success in getting exemption language, for them, placed in riders to big agricultural legislation.
To supplement the above, beginning August, packaging needs to be 30% covered in a warning label. Blends Feb 2007 and earlier are "grandfathered" and aren't subject to submitting for approval.
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The bulk blend thing is kind of a mess in the making. Under the new rules, repackaging tobacco makes you a manufacturer, not just a reseller. So some B&M's may find a way around this, and others will decide it's too much trouble and sell cigars. Large operations, like 4noggins, will be able to continue to supply bulk since they are already manufacturers. But that early 2007 cut off is still a factor. If the bulk is later than Feb 15 2007 then it might be discontinued. However, manufacturers still have 3 years during which time they can continue to sell post 2007 blends. So don't look for any deals. The basic tobacco components can be redirected for use in pre February 2007 products. Dumping isn't in the cards.
Changing that 2007 cut off date is not something that the FDA has authority to do. It will require Congress to change that date.
More will be revealed, but don't be surprised if internet sales of tobacco and tobacco related products are eventually banned. That's already been discussed. And while the FDA declined to take that action now, it's almost a sure bet that it will do so down the line. Jeez, it will be like 1970, when I started with pipes.
The FDA's argument against a total ban on Internet sales was its conviction that age verification will be sufficient. At this point, the proceedings read like it will be an honor system requiring merchants to make a suitable effort to verify the age of buyers. If that doesn't work, then a total ban will be considered.
As previously noted, it appears to target the vaping industry most strongly. As I read, there was at least one (maybe ONLY one) vaping application on the market by FEB 15 2007. Anybody know what that was, who owned it? Was it one of the big tobacco firms? If so, I bet it's a pretty easy thread to pull to find out who is backing this new slew of regulation...
Sable: The guys here who have encouraged underage smokers to lie to on-line dealers will scream the loudest if all such sales become prohibited.
I used to think there was a way to work with government bureaucracy.
Now I know there is: keep it entirely out of the industry.
The point of rules like this recent set from the FDA is that they are ambiguous, which discourages certain practices because if you guess wrong about the interpretation, the government destroys your business.
The other problem is that these rules only punish legitimate businesses. Those who are committed lawbreakers just ignore them and then vanish before consequences can arrive.
Now I know there is: keep it entirely out of the industry.
The point of rules like this recent set from the FDA is that they are ambiguous, which discourages certain practices because if you guess wrong about the interpretation, the government destroys your business.
The other problem is that these rules only punish legitimate businesses. Those who are committed lawbreakers just ignore them and then vanish before consequences can arrive.
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