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"The FDA proposalwouldsignificantly delay the implementation of premarket review for newly covered products. Most egregiously, the proposal creates a twenty-four month provisional period for the submission of tobacco product marketing applications. Applicationsreceived during the provisional period enable thecontinued marketing of the productuntil the FDA acts on the application which may be wellbeyond the twenty-fourmonth period. A similar loophole was established during the passage of the Act to apply to cigarettes and smokeless products. The FDA received 3,517 applications but three years later has only issued an order removing four products from the market. After the withdrawal of 117 applications, the tobacco companies are still able to market the unapproved products represented by the 3,396 outstanding applications."

"According tothe, e-cigarette use in England has been rising since2011, when the survey began. Meanwhile, the percentage of smokerswho reported quitting in the previous year rose from 4.6 percent in2011 to 6.2 percent in 2012. The cessation rate was 6.1 percentlast year and 8.7 percent in the first quarter of this year. Duringthe same period the success rate of smokers who tried to quit rosefrom 13.7 percent to 21.4 percent. Those numbers suggest the real promise of e-cigarettes—not as anefarious plot to hook teenagers on nicotine but as a harm-reducingalternative to smoking. If the FDA follows Durbin's advice, it willban most e-cigarette flavors, making the switch less appealing tosmokers who prefer the prohibited varieties, and restricte-cigarette advertising, making smokers less aware of a competingproduct that could literally save their lives."

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