Hate to say but the FDA is regulating a drug: nicotine. They’re SUPPOSED to do that!
They regulate nicotine patches and vaping delivers the same drug but just a different way.
Abolish the FDA if it isn’t making people happy, but this thing is in line with how Congress authoirzed them to act.
You’ve hit the nub of the matter.
Federal agencies have WAY, WAY TOO MUCH POWER to make rules with the force of law.
And you are correct, it was handed to them by CONGRESS.
Time to force Congress to take it back.
The FDA should find a way to regulate industry when appropriate without killing the industry. No?
“They’re SUPPOSED to do that!”
Where is the word “drug” mentioned in the Constitution?
Therefore, the only legal claim is if the FDA can prove vaping is harmful. But they can't. We don't have a precautionary principle in law: the FDA has to make bogus claims in order to claim jurisdiction.
They also can't claim it's tobacco, because it isn't.
What you're saying is like saying mouthwash should have a tax stamp because it contains alcohol.
They're simply lying and unlawfully extending their authority in large part through the sloppy reasoning you just exhibited.
“regulating a drug”
The debate is a matter of degree.
They are also, as the name indicates, supposed to be regulating food.
Start taxing/regulating those sugary drinks? Folks don’t seem to like that one, but the rationale for doing it is exactly the same as for tobacco.
The reason they go after vaping is because they hate smokers and smoking. Those that don’t actually care see it as a cash cow (justifying high taxes).
Extensive propaganda on the dangers of second hand smoke, and any neutrals in the public are sold on the tax.
The only symptom out there I see of this coming back to the gov to bite them is the comparable absurdity the public falls for over things like mold, vaccine processing, etc.. The gov doesn’t agree w/that hysteria but can’t squash out those beliefs.
When you have the Surgeon General saying things like “There is no safe level of cigarette smoke”, many people begin to think in general that the smallest amount of a dangerous substance is deadly.
If a substance has no “safe level” then it is more dangerous than radioactive waste and weaponized botulism toxin, the deadliest substance on earth-
For botulism toxin the lethal dose for a 70-kg person by the oral route is estimated at 70 mcg, by the inhalational route 0.80 to 0.90 mcg, and by the intravenous route 0.09 to 0.15 mcg.
You should have left the post at “Abolish the FDA”, it would have at least been the Constitutional thing to do.