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WARNING: This Product Contains Nicotine. Nicotine Is An Addictive Chemical.
WARNING: This Product Contains Nicotine. Nicotine Is An Addictive Chemical.
August 24, 2016 Banzai Vapors

Zero Nicotine E-Liquid Is Still Tobacco, According to the FDA

What Did I Just Read?

Earlier this week the FDA responded to several of the lawsuits that were filed against them. One question that e-liquid manufacturers are scrambling to figure out is if nicotine-free e-liquid is still considered tobacco. Nicopure, LLC argues in their lawsuit that subjecting 0mg e-liquid to be considered a tobacco would be completely unfair, illogical and illegal. The FDA's response was"e-liquids marketed as 'nicotine-free' may properly be considered tobacco products—or components or parts thereof—under certain circumstances."

What Are The Circumstances?

The FDA is saying that they've found E-liquids claiming to be nicotine free that actually contain high levels of nicotine. If thats true, I'd sure love to meet the manufacturer responsible for dropping the ball there. The FDA also stated that "Others [e-liquids] are tobacco flavored, and are thus 'made or derived from tobacco' regardless of their nicotine content." Huh? Ok I think I get it now.

If I Only Make E-Liquid That Has No Nicotine and No Flavors Derived From Tobacco I'm Good Right? 

Wrong! The FDA covered all the bases in the deeming regs by not requiring the presence of nicotine or a derivative of tobacco in e-liquid to be labeled as a "tobacco product". In other words, if Banzai Vapors, wants to sell you an banana we would still have to file for PMTA's spending upwards of $2 million dollars only to receive our application back labeling said banana as a tobacco product. It's vague blanket statements like this that are going to tear this entire industry to the ground. The deeming regs are full of muddy rules and unclear guidelines built on bad science. The only clarity we can gather from all of this is that public health is taking a back seat to loose policies.

We would love to hear how this affects you. Are you a 0mg vaper or someone who works in the vape industry? Drop us a line below and tell us your thoughts.

 

Filed in: Activism, FDA, News
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Comments

Myles August - August 24, 2016

I actually am evapor that Vapes 3 milligram nicotine eJuice so it wouldn’t fall in my category but I still believe the regulations are affecting me completely and I think they are senseless and have nothing to back them I don’t want to go back to smoking I got my parents to quit I don’t want them to go back to smoking I think this is wrong the way the government is handling this they could care less about the thousands of people who lose their lives and businesses

Ken Vaughn - August 24, 2016

So if I go to the grocery store and buy a banana I will have to show my I’d because it’s like I’m buying a pack of cigarettes? If I’m understanding this correctly then it’s true, I will have to show my I’d to buy a banana at the grocery store. I would love to know what companies ejuice the FDA tested that was labeled 0 nicotine and they claim it did have nicotine but of course they will never tell you who’s ejuice this was just like the device they claim to have in there possession that is from before 2007 that is refillable and not look like a cigarette. Everything the FDA is doing and claiming with all the testing they say they have done, they refuse to show proof because they can’t, like did they do a survey of all the shops and little mom and pop stores they will shut down? No they didn’t and the only reason they are clumping 0 nicotine juice in this is because they know that’s what the kids they are so worried about are using yes that’s right like 80 or 90 percent of all the kids vaping are using 0 nicotine, they won’t be happy until we all go back to smoking and they ruin thousands of people lives by shutting down there business, even if you file all the paperwork and pay thousands of dollars to get your product passed does not mean they will pass it. Nothing but a bunch of idiots.

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