Thursday, May 8, 2014

My Proposed Letter to the FDA Regarding Regulation of Electronic Cigarettes

Allow me to introduce myself. I am a 56 year old Grandmother of three and a Registered Voter.  I am a Vaper. I do not "Smoke Electronic Cigarettes", I vape a Personal Vaping Device.

Cast a Shadow of Truth the FDA Can't Miss!
I do not use nicotine in my Vaping Device as I weaned myself off of Nicotine three months ago, yet still enjoy a good Vape to keep me from relapsing to cigarettes, I also find it highly enjoyable and have reaped the benefits of a healthier lifestyle because of these wonderful Vaping Devices.

Before starting to vape I spent more than $50,000 supporting the tobacco industry with my filthy habit, an Industry the FDA approves and regulates while raking profit off the top of every smoker and lung cancer patient ever killed in taxes and regulatory fees.

I then spent the last ten years and thousands of dollars trying to quit by being Hypnotized, Accupunctured, Patched, Gummed and then finally Drugged with Chantix, which is FDA approved and made me suicidal and depressed with it's awful side effects.

I then discovered Vaping Devices, (not to be confused with Electronic Cigarettes), and I quit in one day and have been smoke free for over a year. I started with eLiquids that tasted like tobacco and had a small percentage of nicotine to ease the transition. I now vape fruit and candy flavors, (recall I am 56 years old and still love candy), with no nicotine in the solution at all.

I do not support your current regulations as written because they favor Big Tobacco, who have never had my best interest at heart, their "Electronic Cigalike" products are flimsy, expensive and gateways to smoking for young people in themselves for these reasons:

A). They resemble cigarettes and have glowing, light up tips that seem almost toy-like in appearance as opposed to Vaping Devices which don't light up and resemble Medical Devices more than Fashion Accessories.

B). Youthful, attractive people are shown using these devices in commercials and in the Media implying a "Coolness Factor" that doesn't exist with Vaping Devices.

C). "Cigalikes" or Electronic Cigarettes do not work to help you stop smoking due to their cheap and flimsy design, they encourage you to fall back on traditional cigarettes when they ultimately fail in helping you turn away from tobacco, making it a Win-Win situation for Big Tobacco.

D) "Cigalikes" contain pre measured large doses of Nicotine that cannot be adjusted nor reduced on the consumer end leaving no alternative but to continue taking in more nicotine than may be desired or even wanted and preventing the ability to wean oneself off of Nicotine with time.

Now onto the description of what a real Vaping Device is. A Vaping Device consists essentially of four parts:

1) A Flashlight battery tube generally about the size of a Cigar or larger with a regulatory switch allowing the device to be turned  on/off and the the voltage being adjustable by the same or other buttons, some have small screens to display the settings you make to the device. These devices are so closely related to their progenitors that you can still screw a light bulb unto them and it will still work as a flashlight.

2) A Tank of some sort to hold the eLiquid, (nicotine bearing or not)

3) An changeable, replaceable atomizer, usually inside the tank which converts the eLiquid into a vapor.

4) eLiquid, which is composed of Propylene Glycol, Vegetable Glycerin, Flavorings and even sometimes Nicotine, but not always, which are all FDA approved ingredients. Consumers may adjust or reduce the nicotine in their eLiquids in their own time and when the consumer deems appropriate with an eye to becoming nicotine free at some time in the future while being able to retain the sensation of smoking which so many of us find to be the key to leaving Tobacco behind.

None of these parts in themselves can be described as an Electronic Cigarette. Even assembled they do not resemble or work as a "Cigalike" product works.

My assessment of the legal situation is this. If you classify Vaping Devices as Electronic Cigarettes and deem them as Tobacco Products you will spend many years in court and ultimately wasting millions of MY hard earned tax dollars defending a position that is untenable. I use a Vaping Device with no Tobacco or Nicotine involved and that makes it a non Tobacco Product. Trying to say that it is a tobacco product WILL NOT be held up in court.

As far as regulation of Nicotine and calling it a Tobacco Product in the contents of eLiquids you are on shaky legal ground here too as not all nicotine in eLiquids are obtained from tobacco. Several use chemical equivalents as well as acquire their nicotine from other legal plant sources such as tomatoes and the nightshade family of vegetation in general. All nicotine is not Tobacco, as you falsely claim and such claims will surely be adjudicated in our favor.

The health threat of nicotine use not related to tobacco smoking still needs to be independently studied by Doctors and since nicotine is a naturally occurring substance in many foodstuffs it is too early to be reigning in a product that we have no real evidence of harm being caused by. I personally found being able to leave nicotine behind easy and intuitive, hardly the addictive monster some claim it to be.

Your proposed "Examination and Regulatory Process" to allow new designs other than the ones put forward to you by Big Tobacco since 2007 is expensive and burdensome to the economy as well as a Death Knell to Small Fledgling Businesses who are actually providing a Quality Product and Personal Support, as opposed to Big Tobacco who are still only interested in killing us one pack at a time whether it be an electronic product or traditional cigarettes.

Since 2007 there are thousands of new and more effective vaping devices that have been created by non Big Tobacco interest that are already on the market and working effectively with little or no adverse effects compared to the ineffectual "Cigalike" electronic cigarettes. There is no need for further regulation, taxation or intervention in these creations made by Small Business who early on recognized "Cigalike" devices for what they are, just another deadly toy brought to you by Big Tobacco.

I would never allow my Government Representatives to allow you to pad your already too large financial nest by regulating something that has no real legal standing and am sending letters addressing this matter to all of my applicable Government Representatives as well as Family, Friends and All Others seeking Transparency and Accountability in our Government Agencies.

I am also squarely against regulating Cigar and Smokeless Tobacco Products. I feel the FDA and the Federal Government are over-reaching themselves to pursue new forms of taxation without representation when they should be focused on making Government smaller and more efficient instead of Bigger and More Cumbersome.

In conclusion, if I spent more than $55,000 in my lifetime on destroying my health and then trying to repair it, how much more do you think I will spend defending my right to vape my zero nicotine Vaping Device? I will personally dedicate all my time and money to see this resolved in my favor and I have many thousands of Vaping Friends who feel the same way.

Thank you for your attention in this matter, I hope you can discard this Imposition on my Personal Rights quickly and move on to more important and pressing matters.

1 comment:

  1. very well said Terri,although I Have not had a cigarette in little over a year also ,I do still use nicotine in my vaping devise ,BUT I do see a future nicotine free , Baby steps for me... Baby steps lol


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