Oregon approves six-month ban on flavored vape products

https://www.apnews.com/1167ff6b9de84ffdb82e82b3640a0832
Oregon approves six-month ban on flavored vape products
The ban goes into effect Tuesday and lasts until April 11.

oregon ..nuff said.

And the madness continues. Don’t bother with facts when you have a manufactured crisis and an uninformed public that you’ll please. Makes me think of SouthPark when all the townsfolk rush into the mayor’s office with there rable rable rableing...
https://giphy.com/gifs/fwcGzF1l2cILe

So their ban expires about 1 month before the Deeming regs are scheduled to be in full enforcement?
so pretty much it for Orygun.
Still have a little time in most states though.

The Cromwell said:

So their ban expires about 1 month before the Deeming regs are scheduled to be in full enforcement?
so pretty much it for Orygun.
Still have a little time in most states though.

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i think that maybe the goal for most of these short term bans... that and forcing more MSA and tax income.

Unless I am mistaken and hope that I am, that May 12 date is the deadline for having the Deeming Regs fully enforced?
with the exception of any submitted PMTA applications for stuff on the US market prior to 8-8-2016.
if a pending PMTA app they can be sold until they are either approved or declined or up to 1 year whichever comes first.

for stuff on the market after 8-8-2016 they can only be sold after PMTA approval.
And since the may 12 date is 8 months away and that is it how long it took Snus to be approved by the PMTA process...
I think we can kiss goodbye virtually all of vape stuff now on the US market. At least until a few get PMTA approval after May 12.

And the FDA does not have to wait till May 12th. They can go full enforcement at any time up till May 12 or pick and choose enforcement till then. Like they are going to do with the flavor ban.

And people talk of a 30 or 60 day comment period, I think that already happened prior to the 8-8-2016 activation of the Deeming regs.

that is my interpretation as well

anything on the market after 8-8-2016 must have an application to be sold after may 8th 2020
Stuff marketed and sold before 8-8-2016 after the grandfathered date must have applied but can still sell until denied

the only grandfather items i found ruyan cigalike and cartridge
2006-2007: Electronic cigarettes introduced to the U.S. (The first import ruling locatable in the U.S. Customs and Border Protection website database is dated August 22, 2006. NY M85579)


NY M85579

August 22, 2006

CLA-2-85:RR:NC:N1:112 M85579

CATEGORY: Classification

TARIFF NO.: 8543.89.9795; 3824.90.2800

Mark Weiss
Weiss & Moy, P.C.
4204 N. Brown Avenue
Scottsdale, AZ 85251-3914

RE: The tariff classification of a nicotine inhaler and parts from China

Dear Mr. Weiss,

In your letter dated July 20, 2006, you requested a tariff classification ruling.

The items concerned are the Ruyan Electronic Cigarette and the Ruyan Electronic Cigarette cartridge. The Cigarette is a spherical, metal tube with a plastic mouthpiece tip on the end which measures approximately 5 ½” in length. Inside the tube are a sensor, electronic atomizer, integrated circuits and a lithium ion battery. The spherical cartridge is attached to a plastic mouthpiece tip and contains nicotine and propylene glycol.


The purpose of the Ruyan Electronic Cigarette is to act as a nicotine inhaler that has atomized smoke being forced out of the plastic mouthpiece tip.

You state that the these items will be marketed in five, different packages:

1. Electronic cigarette with two rechargeable 3.7-volt batteries
2. Electronic cigarette with two rechargeable 3.7-volt batteries and five cartridges
3. Five cartridges, ten cartridges and twenty cartridges

The applicable classification subheading for the Ruyan Electronic Cigarette with batteries and the Ruyan Electronic Cigarette with batteries and cartridges will be 8543.89.9795, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical … apparatus, having individual functions, not specified or included elsewhere ... : Other … apparatus: Other: Other: Other: Other: Other”. The rate of duty will be 2.6%.

The applicable classification subheading for the packages of five Cartridges, ten Cartridges and twenty Cartridges will be 3824.90.2800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “ … preparations of the chemical or allied industries … , not elsewhere specified or included: Other: Other: Mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: Other”. The rate of duty will be 6.5%.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the Ruyan Electronic Cigarette, contact National Import Specialist Richard Laman at 646-733-3017. If you have any questions regarding the Ruyan Electronic Cigarette cartridge, contact National Import Specialist Richard Dunkel at 646-733-3032.


Sincerely,


Robert B. Swierupski
Director,
National Commodity
Specialist Division

Yep I think those 2 items are no longer manufactured or sold anyway though.
Standard ciglaikes may fall under the SE provision of the deeming regs though but that still requires an application of some type with the FDA.

The Cromwell said:

And the FDA does not have to wait till May 12th. They can go full enforcement at any time up till May 12 or pick and choose enforcement till then. Like they are going to do with the flavor ban.

And people talk of a 30 or 60 day comment period, I think that already happened prior to the 8-8-2016 activation of the Deeming regs.

Click to expand...

yes the comment period already happened

but if they change the deeming again that gets a new period to comment

The Cromwell said:

Yep I think those 2 items are no longer manufactured or sold anyway though.
Standard ciglaikes may fall under the SE provision of the deeming regs though but that still requires an application of some type with the FDA.

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sold yes but not to the usa https://www.alibaba.com/showroom/ruyan-e-cigarette.html

but a device very similar may be able to be sold so long as you can prove it similar

lordmage said:

but a device very similar may be able to be sold so long as you can prove it similar

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yep so standard cigalikes and prefilled carts for them.

Hey lots better than nothing. that is what got me off of a 40 yr 1.5 Pad smoking habit.
I have a bit of trouble with those that say you have to have 100+ watts and clouds to get off of smoking.
And it was tobacco flavor too.

lordmage said:

but if they change the deeming again that gets a new period to comment

Click to expand...

I expect that they will avoid that.

lordmage said:

the only grandfather items i found ruyan cigalike and cartridge

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What is the actual grandfather date? I forgot but I know some folks think it's 8-8-2016 and that's not correct.

NGAHaze said:

What is the actual grandfather date? I forgot but I know some folks think it's 8-8-2016 and that's not correct.

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I believe it is like Feb 7 2007. Maybe the 15th but I am pretty sure it is Feb 2007.

See Lord Mages post above for the only 2 items to meet the Grandfather date.

the 8-8-2016 date blocked any new vape deivces or juice from being sold in the USA until AFTER it is approved by the PMTA process.
so most all vape stuff is being marketed illegally in the USA.

The Cromwell said:

I believe it is like Feb 7 2007. Maybe the 15th but I am pretty sure it is Feb 2007.

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Wow, I knew it was early but man that's like even before they started showing up in the states. If I recall correctly, it wasn't until late 2007 that they really started importing them here.

NGAHaze said:

Wow, I knew it was early but man that's like even before they started showing up in the states. If I recall correctly, it wasn't until late 2007 that they really started importing them here.

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There were the 2 mentioned above in Lord Mages Post.
ALL others require PMTA approval by the FDA.

There was a bill or two to move the grandfather date to 8-8-2016 however they did not go far and still required PMTA approval for all after that date and would have killed mechs and a few other non desirable things in them.

such as converting the Deeming regs into actual law instead of regulations.

The Cromwell said:

There was a bill or two to move the grandfather date to 8-8-2016 however they did not go far and still required PMTA approval for all after that date and would have killed mechs and a few other non desirable things in them.

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Right, I remember that effort and it's shortcomings. The next several months are going to be very interesting.

May you live in interesting times indeed, lol.