Category : FDA News

Working on You

Well, it was bound to happen, right? States and municipalities are running out of money and rather than cut unneeded services and bloated bureaucracy, they are turning to Internet gambling.

Yes sir, what we need in this country is more gambling and more casinos. That’s like a $5 cigar. It’s good for the country, doncha see.

You can believe there is already an outcry from those who view gambling as an evil influence. It will lead to a road of perdition.

States are saying that gambling casinos on the Internet and in bricks and mortar palaces should be allowed and they should be able to receive revenue from those who like to gamble away their money.

And, why not? It is legitimate in many states, so the argument goes. Besides, states and towns need the revenue to keep services up and running and the bureaucracy fat and happy.

Sound familiar? It should. It has the ring of hypocrisy just like lifting the budget ceiling debacle that darn near sank the nation. Instead of facing the hard realities of lean times, states would rather depend on you, the taxpayer and those in the gambling community to pull their mule out of the ditch.

Uh, see, tobacco taxes have been used up already. Pols have rifled those pocketbooks and gone to that money well once too often. Levying more taxes on tobacco and tobacco will be another failed industry, just like manufacturing in this nation. Gone, gone, gone.

Now, states are saying that they should be allowed to rake in taxes from Online gaming and to build their own casinos to bring in the hordes, most of whom can ill afford to lose the rent, house and car payments.

Do you find it odd that states and municipalities seem to have a single track mind when it comes to revenue streams: more taxes, or figuring out another way to relieve you of your hard-earned cash?

I find this totally objectionable, not because I am against a friendly game of poker, but because elected officials who stuff their pockets full of largess from the public till can think in one direction and that is find the public horse and ride it until it drops.

Instead of creating real, lasting jobs, we get another dog and pony show about raking off revenues from gambling. Something about that approach just seems absolutely rotten to me.

But, hey, I’m accustomed to these things now. I have been made a pariah in my country because I enjoy my pipe tobacco. I can no longer smoke my pipe in restaurants, public buildings, some streets and parks and soon, I expect tobacco will be outlawed permanently while the mainstream press goes along with this idiocy.

And then one day, the pols will come after another segment of society, say fattening foods. Oh, that’s right; the feds are already working on that one.

You are being told now what foods you can and can’t eat, but, hey, it is all right for large chemical companies to produce synthetic seeds so mega farms can grow unsafe and FDA-approved foods for your shopping pleasure.

So, pull up a chair at the table all you gamblers. You are about to see your federal, state and local governments at work. . . on you.

SelahPipe Icon

Canaries in the Mine

Everywhere you look these days, smoking ban legislation is proposed in state houses. Across the nation, state pols are bellying up to the anti-lobby bar, taking money to sponsor bills to prohibit tobacco even in the great outdoors.

The last time I looked, we all owned the air we breathe. If you don’t like my pipe or cigar smoke, you have the perfect right to walk on. I won’t mind.

America was once free. Its air was free. Its great outdoors were free for enjoyment, picnics, family recreation, family fun. That day for pipe, cigar and cigarette smokers, seems to be coming to an end. 

We are living in trying times. The Rights of Man apparently no longer apply to individuals. Disingenuous state and national politicians, lobbiest, ultra-conservative, right wing zealots have taken command of the public sector.

My thought is that although I love my pipes and cigars, what other rights am I about to lose? I think we pipe and cigar smokers are the canaries in the mines.

Some of the proposed state legislation (many  thankfully set aside momentarily)  that I have been reading, such as in Kentucky, Alabama, Maryland, California and others, would ban smoking even outside your own home.

I might be able to understand nut jobs in California (and hey, it’s legal to smoke marijuana there, right), but I certainly do not get Kentucky, Alabama and Maryland. They were and still are great tobacco states.

Friends and neighbors, the handle is coming off the pump (the explanation for this is in our archives). If we fail to find some friends in these state house, friends in Congress, friends in public who may not smoke, but who are also worried about losing  other personal and civil rights, then we are doomed.

We will become branded outlaws, seeking our pipes and tobaccos in the blackest of black markets.

Please look up Cigar Rights of America and the International Premium Cigar & Pipe Retailers Association and search legislative alerts on both sites for more information on proposed “tobacco legislative reform.” Be warned. If you have never done so, you will be horrified at what you find.

And then try to convince your local newspapers and television outlets to take a look at the other side of this smoking issue. This isn’t just about losing the right to smoke in public. That right is gone.

We are now in a time of losing the right to be free in America to make our own decisions.

Which Side Are You On?

I will try not to cross your eyes with a lot of FDA gobbledygook but you who are concerned about the future of tobacco will want to read the stuff that came out in the Federal Register November 2010.

Essentially, the FDA says it has altered the rules of the game, jiggered the language of the Family Smoking Protection Act, and you will either live by their rules or take a hike.

The big news here is that fines for FDA violations took a gargantuan increase. Some of the fines can reach more than $1 million. (Not for individuals, I suppose, unless you are a major manufacturer).

As ol’ Irv Dirksen used to say, a million here and a million there and pretty soon, you are talking real money.

I bring all this up to alert you that the FDA has big plans in the works for tobacco products. That is not news, of course. What is news is that they have re-set the fines, costs of their rules, and regulation language itself.

It’s like they didn’t thinnk the language was tough enough, so they pulled in a room full of lawyers and told them to put some real shark’s teeth into the regs. They did.

Indirectly, this is going to have an effect on you, the tobacco product user. As costs go up, of course, your costs will increase. It is the law of the economic jungle. Keynesian, or something like that. It’s where you have too many fingers in the pie, to put it simply.

For example, if you are convicted of violating FDA tobacco product rules within a decade, the first two violation costs you $60,000 each, up from $55,000. A third violation in that same 10-year period will cost you a whopping $1.2 million, up from $1.1 million.

Now, let’s say that you are a manufacturer and you unknowingly violate a FDA oddball rule. You are hit with the $60K fine. Then let’s say you violate another oddball FDA rule that you were not aware you were breaking. That is another $60K out of your register.

Now you are not only wary, you are jumpy, thinking a FDA controller is peeking around every corner, and they are. Then, let’s say the FDA jackboots arrive again and accuse you of a third violation within a decade of trying to make a living.

You get slammed dunked. And, get this, the FDA’s so-called scientific commission is on for life. It can’t be retired, put out to pasture, or fired. They rule, the FDA enforces those rules, and jiggers them around in the Federal Register from time to time.

In this latest measure, FDA has given guidelines for when and how you can comment on and protest these new tweaks of the regs.

But don’t miss the deadline, or fail to comply on time. FDA rules go into effect within a month of their last publication in the Register.

Back to our black and blue manufacturer, who is struggling to hang on. He or she now has to recoup its heinous costs from heavy-handed government rules and regulations by imposing higher fees on its tobacco products, which necessarily cuts into profits, and consumer popularity. In other words, higher costs will curtail business.

Soon the manufacturer is considering the worst scenario, closing shop.

We live in a time when government has run amuck, controlling too much of our daily lives (my opinion, which won’t even get you a cup of coffee). Too many taxes take a toll on families and play out in society in a variety of ways, most of them bad.

People are forced to make dreadful decisions about life and death, quality of life, quality of hearth and home when too many governmental regulations bear down upon daily lives.

When people react in ways that are out of the norm, society seems shocked.

The FDA is pushing back hard against a public that isn’t so sure it needs all these tobacco product regulations.

You be the judge. I know which side I am on. How about you?Pipe Icon

There They Go, Again

There they go again.

The FDA is flexing its muscles and focusing on new tobacco products. In a press release today (Jan. 5, 2011), the FDA said that “certain tobacco products introduced or changed after Feb. 15, 2007, must be reviewed by the agency.”

In the FDA guidance published today, the agency outlines a pathway for marketing a product whereby the company marketing the product must prove that it is “substantially equivalent” to products commercially available on Feb. 15, 2007. 
 
“Substantially equivalent” means the products must be the same in terms of ingredients, design, composition, heating source and other characteristics to an existing, single predicate product or have different characteristics, but not raise different questions of public health.”

Oh, so if a belligerent Anti says that the tobacco from a flue cured barn in Kentucky or Tennessee was heated to a different temperature than last year, that throws open the whole thing to be investigated.

Or, seen another way,if the same BA says the tobacco characteristics have changed due to soil content, then the manufacturer will have to prove that it is the same product it had on board for three years?

Oh, yeah, that’s fair.

How about this: Why doesn’t the federal government require that the FDA “substantially prove” that tobacco products delivered by a pipe is the same as smoking a cigarette?

Here is another example of Big Government attempting to social engineer a product and at the same time encouraging states to increase excise and other taxes to help balance budgets that have been ripped to shreds by federal mismanagement.

For more on this, go to the FDA’s website.

I’m disgusted with the whole system.Pipe Icon

Stakeholders Meeting Set

Just in case you are interested and can make the session, the feds are having another one of their stakeholder gatherings for another set of studies to bind up in notebooks and place on the shelf:

Tobacco Manufacturers and Growers Stakeholder Discussion December 8, 2010

The U.S. Food and Drug Administration (FDA) Center for Tobacco Products (CTP) will hold its second Stakeholder Discussion Series session with Tobacco Manufacturers and Growers from 9 a.m. to 5:30 p.m. on Wednesday, Dec. 8, 2010 at: Raleigh Marriott City Center,  500 Fayetteville St. ,Raleigh, N.C., 27601.