E-cigarettes and the FDA

gottlieb and zeller

The F.D.A. had warned the e-cigarette industry. Repeatedly. Senators have been on rampages.  California has based their offense on it with “Still Blowing Smoke“. Various “health groups” are and will continue using these images until the end of time. If you don’t know what I’m babbling about – I’m not sure we can be friends…

Crackdown on irresponsible idiots.

If you are, or will now receive a warning letter, you have no one to blame but yourselves. Labels mimicking food products. Blatant, literal and idiotic intellectual, trademark and/or copyright infringements and dumbass cartoons. What you thought were cute labels were clearly both the wrong choice and message to portray.  Let the litigation begin. For the record, I’ve reported you personally – if you’re reading this – over the years – to some of the companies legal departments you were ripping off. So have others.

In fact, in April, Wrigley took on some of you idiots.

Wrigley Beats Vape Co. In Starburst, Skittles Flavors TM Row

Who’s at fault?

YOU are. The manufacturers/shops who are guilty shall be named and shamed publicly by the F.D.A., and I’ll bet most were not a member of an industry group – or know their local city, county or state representatives names. Shops are not off the hook. The standard acceptance and purchase of those same labels by shops – whether by demand of the consumer, the profit margin on sales or the sheer stupidity of those owners – by placing orders, purchasing and accepting shipments of what they (should) know is an example used by any and all tobacco control groups, every anti-smoking group, and a direct target by the F.D.A. – this wasn’t a secret club no one was privy to – and is irresponsible. Period. This was shown, explained – and by and large ignored. Finally, consumers – for purchasing those products… supply and demand.

For at least the five+ years I’ve been not smoking, there have been labels that look like they would and could fool a child into thinking they were for children. In that same amount of time, a select core of consumers like myself have said stop that.

THE Fergus Mason has taken the words right out of my keyboard:

“If you make products like the ones featured here, you are stupid. If you sell those products, you are stupid. If you continue to buy from a vape shop that sells those products, you are stupid.”

Let’s call time on stupid vendors

Finding idiots is easy

In pointing idiots out, we’ve been ignored, slammed, insulted, told to have sex with ourselves, and still, it continued. Between product looking like food, candy, beverage cans  – whatever, and coinciding with trademark infringements as a bonus, you have all been begged, asked, told, shamed and… still – irresponsible practices continued.

“From a consumer standpoint, please put your money where your mouth is so we can continue to buy from you, the responsible vendor/shop/ and manufacturer. ”  

~ Albert Michael Harper.

Guilty By Association

It isn’t that manufacturers are or were marketing to children, specifically. That part in itself does not matter. From fonts and colors, images and packaging, it is the appearance and the images idiotically portrayed and easily used in press conferences.

It is that they gave wonderful and stunning examples of the appearance and impression of marketing to children.  Those doing it poured gas on the fire in the fight.

I’ll mention one person that comes to mind because he is one of those people who really does not bullshit consumers. Dimitris Agrafiotis. He’s BEEN saying it –  and saying it —  and saying it. Because I can’t find the link at the moment to quote, I will paraphrase: 

“What looks like marketing to children by the public cannot be defended. I can’t defend it.”

Dr. Konstantinos Farsalinos

He isn’t happy about it, either.

(Thanks, Jukka!)

Irresponsible marketing by parts of the e-cigarette industry requires immediate measures

The consumer drives the market.

I really don’t care how manufacturers / shops want to sell products. I don’t really care if you’ve got a picture of a cat or cartoon. I don’t care. However, consumers like what they like. In various places around the internet, consumers argued for and against these “companies”. Now, those companies are being TOLD to stop. Imagine that.

Imagine this:

Smoking rates among children are at the lowest levels in HISTORY.

There is no gateway to smoking among teens.

We as consumers (industry) possess safer products for smokers with astronomical success rates – have science and data to back it up, and have the F.D.A. by the BALLS……

Yet….. here I sit and type about stupid shit that could have long been avoided.

The consumer drives the market. I am not “in” the industry. I don’t sell product. What I don’t know firsthand is how the State and National industry organizations handled these idiots (if they were a member of the various organizations) up to this point. Blind eye? Looking the other way? Ignored it? Slapped them?

Did they call them out privately? I don’t know. If they didn’t, they should have. If they did, I miss a lot of things – and I may have missed the statement.

What I didn’t miss is the F.D.A. and the “health” groups repeatedly not missing it. For years. Complacency in the industry isn’t acceptable at any level.

Consumers, I’m talking to you as well. Don’t allow these companies to simply rebrand / repackage and come out smelling like cotton candy. They don’t get a FREE ride. Find responsible manufacturers, find responsible local shops who are paying attention, who DO belong to a state/national organization, and choose them. They deserve your business.

As my wife and I approach five years of not smoking, I’ve got no reservations typing these words… Without an ounce of guilt –  and because I predict there’ll be more who will do it in the future, I’ll quote Senator Markey:

Put THOSE specific shops, vendors and manufacturers who make shitty business decisionsout of business“.

I’ll sleep better.

Inspiration for this blog in part was from Albert Michael Harper. Photo credit for this blog via Sherwin Mena.

I thank you both from the bottom of my heart.

Have you met my OUR friends at vapers.org.uk? 


You can find me joining David Goerlitz on Vape Radio starting this weekend!

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Keep ON #Vaping On.


3 thoughts on “E-cigarettes and the FDA”

  1. Well said! I suspect many of the people owning businesses within the vaping industry, were vapers who wanted to help others make the switch, but who also saw a good business opportunity. Many of them probably had no previous experience of running their own business and everything that goes with it, including P.R. and Marketing. As a result, they probably thought it was a good idea to copy tried and tested packaging from successful retailers in the food and drink industry, who paid huge sums for advertising agencies to come up with it and $millions for their related marketing campaigns. They may have been clueless at the time about Trademark Infringement and equally clueless about the impact this type of e-liquid packaging would have on the FDA, Tobacco Control, etc., by giving them reason to say the vaping industry markets to children, when it doesn’t. However, there’s no excuse for it; manufacturers, vendors and consumers have been told by the industry, vapers and ANTZ repeatedly that it’s unacceptable marketing and that Trademark Infringement will get them sued. As far as I’m concerned, manufacturers and vendors, making and buying these products are as much a threat to the future of vaping as are the ANTZ.


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