Is DIY Safe from Flavor Bans?

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In this video I discuss the recent events and how they may pertain to DIY e-liquid mixing. Many want to know if DIY is still a viable option, even for those who may live in states with full flavor bans. I want to first state that I am not a lawyer, and I wholeheartedly disagree with any illegal activity. This is merely my educated opinion on the matter and is not meant to be taken as informational nor educational.

Now, where was I? Oh, yeah. Bans. In the video I touch upon a few topics. The first topic is that VG, PG, bottles, scales, pipettes, flavorings, and anything used to create e-liquid, should be readily available no matter what. The big worry is obviously nicotine. But nicotine, by itself, is really just unflavored e-liquid. If we take a look at the recent NY ban, we can see there is an exception for unflavored e-liquid. This means, anyone who would want flavored e-liquid, would need to buy unflavored, and flavor it themselves. And if unflavored e-liquid were to be FDA approved through PMTA, that means the worry is technically gone.

I then touch upon the Nicopure lawsuit. This lawsuit brings up an interesting point about what the FDA has authority over. In the lawsuit, the Judge dismissed Nicopure arguments that the FDA does not have jurisdiction over non-nic products. This was based upon Nicopure’s failure of proving that the FDA’s regulation covered such products. It was then stated, the reason the FDA holds that language in the deeming (that they may have jurisdiction over non-nic products in some cases) is for products that may be mislabeled or misleading. Meaning if a product says it DOES NOT contain nicotine, but it infact does, then the FDA has authority over it and should remain to do so. Ultimately, what this means is that 0mg flavored e-liquid should not fall under the Tobacco Control Act. Again, this is all speculative, and this is a precedence that may need to be litigated upon.

Last I talk about how this fight is not about the hobbyist vaper. For those who take vaping a bit more seriously than the casual JUUL user, they should almost always be able to vape any flavor they like. Instead, this fight is for the current smokers in the country, as well as the men and women who built this industry from nothing. The companies who have created a product that allowed so many of us to quit smoking. They are the ones taking the beating, and they are the ones we need to fight for.

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