This is not a public health policy. It is a moral crusade.

Sounds silly but the packaging is another factor to consider as well. You may get glass bottles you may get plastic bottles, but sometimes vendors like to spice things up and make custom boxes to package your E-Juice to give the faade of it being premium. In fact, there are a couple of ridiculous vendors out there that go into great lengths to package their E-Juice. There is one company that uses a skull shaped bottle and another one that uses a custom made dice shaped bottle and uses shredded one dollar bills as packing material to give the illusion of a “high roller” status. Unfortunately, this makes getting the E-Juice from the bottle to your atomizer quite difficult to do. Unlike liquor where you can just pour into a glass, the E-Juice in these bottles would have to be moved via a syringe or some sort of dropper; very annoying.

This provision is going to wreak havoc with the industry. The agency is determined that it cannot extend the grandfather date beyond 2007. This means that any product not on the market as of 2007 (which includes almost all electronic cigarette products) must either obtain a new product approval or a substantial equivalence determination. Given the snail's pace at which the FDA has processed cigarette substantial equivalence determinations, this could result in a literal quagmire of pending applications for the more than 250 brands of e-cigarettes currently on the market.

To highlight the absurdity of this aspect of the deeming regulations, it means that electronic cigarette companies will not be allowed to even claim that their product is free of tobacco. The law states that a tobacco product manufacturer cannot claim that "the tobacco product or its smoke does not contain or is free of a substance." In other words, an electronic cigarette company cannot claim that its electronic cigaretes do not contain, or are free of, tobacco.

The truth, in fact, is that NJOY's explicit value proposition is that it is trying to eviscerate the combustible cigarette market. While NJOY has the courage and values to stand up and work for the decimation of combustible cigarettes, that is something which Senators Rockefeller, Boxer, and Blumenthal do not have the fortitude to do. Instead, they have supported the institutionalization and protection of the tobacco cigarette market and are doing everything they can to protect real cigarettes from potential competition from far safer, fake ones.

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