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5 Ridiculous Logical Consequences of Calling E-Liquid a Tobacco Product

With the FDA’s plans to regulate e-cigarettes as “tobacco products” underway, it’s important to take a moment to consider the absurdity of what’s happening: a product which contains no tobacco whatsoever is about to be subjected to a raft of absurd requirements inspired by those imposed on the most dangerous consumer product on the market today.

The decision to call e-cigarettes a tobacco product is really a purely legal one. Under the FDA’s official definition, a tobacco product is “any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product.”

The common criticism of the proposed FDA regulations is that calling e-cigarettes a tobacco product is obviously incorrect, but this really doesn’t hold up to scrutiny when you consider the legal framework. In short: it’s a waste of time making any serious argument that e-cigarettes aren’t a tobacco product for the purposes of opposing the FDA regulations.

That said, there is still a reason such criticisms are common: it is patently absurd from the basic standpoint argued in the first paragraph, and the consequences of regulating e-cigarettes as a tobacco product are likely to be very damaging to the industry. Moreover, the term has been fallaciously used by the CDC in the non-legal sense – by classing e-cigarettes as such when discussing the National Youth Tobacco Survey findings, they were able to say that there was “no change in overall current tobacco use,” when in fact tobacco use and smoking had declined overall.

This everyday, non-legal use of “tobacco product” to refer to e-cigarettes – simply because they contain nicotine derived from tobacco – can be shown to be ridiculous by simply looking at the consequences of applying this reasoning to other nicotine-containing and non-nicotine products:

1: Nicotine Patches and Gums are Tobacco Products

To start with the most obvious criticism: since almost all e-liquids use pharmaceutical-grade nicotine, this would mean that pharmaceutical nicotine products are also tobacco products. In fact, if the CDC had observed the same sharp decline in smoking but it had been accompanied by a steep rise in the chewing of nicotine gum, they would have had to conclude that there was “no change in overall current tobacco use” in exactly the same way they did with e-cigarettes.

From a legal perspective, this is an issue of “intended use” – which makes patches and gums technically classed as “drugs” – but based on the CDC’s logic they would have to reach the same conclusion in our hypothetical scenario. Of course, there wasn’t really a rise in nicotine patch and gum use accompanying the decline in smoking (probably because these don’t work for most smokers).

2: E-Cigarettes Could Also Not Be Tobacco Products

However, as most vapers know, tobacco isn’t the only plant which contains nicotine. Nicotine is naturally present in numerous vegetables, including tomatoes, eggplant, cauliflower and potatoes. The amounts may be very low – eggplant has the most, and this is still only 100 nanograms per gram (or 0.0001 mg per g) – but if you were so inclined (and had a pretty solid knowledge of chemical extraction) you could extract the nicotine from eggplants and use it to make an e-liquid. By even the legal definition, this would make e-cigarettes a non-tobacco product. Would the law then refer to e-cigarettes as eggplant products? You could have one e-liquid – using traditional tobacco-derived nicotine – that was a tobacco product, but another chemically identical e-liquid that you were forced to refer to as a “vegetable product.”

3 – Caffeine Tablets and Beverages Are “Coffee Products” or “Tea Products”

With decaffeinated coffee being increasingly common – and the extraction of caffeine from coffee or tea being relatively straightforward – there is an abundance of pure caffeine in the modern age. Since the use of pure nicotine taken from tobacco makes e-liquid a tobacco product, it follows that the use of pure caffeine taken from coffee beans, as part of caffeine tablets or even beverages like Mountain Dew, means that these are “coffee products.” This is all the more true because they’re intended for human consumption. Following the CDC’s claim about tobacco product use remaining stable, would it be reasonable to suggest that a widespread switch from coffee drinking to caffeine tablet use could be accurately described by saying that “coffee product” use hadn’t declined at all?

4 – Strawberry Yoghurt, Milkshake and Many Foods Are “Beetle Products”

Cochineal beetles are frequently ground up and used as a dye for food and beverages. Look at the ingredients list on red-colored foods and drinks, and you’ll often find cochineal, carmine or carminic acid listed. By the “tobacco product” logic, this makes all of these products – including but not limited to strawberry yoghurts and milkshakes – “beetle products.”

But there’s an obvious criticism: “that’s only a minor ingredient in these products!” Very true (and it’s really also nothing to worry about), but nicotine is only present in e-liquids at levels from below one percent to a maximum of around 3.6 percent. If nicotine – a minor ingredient derived from tobacco – is sufficient to class e-liquid as a tobacco product, then cochineal – a minor ingredient from the namesake beetle – should also be sufficient to class strawberry yoghurt as a beetle product.

5 – Fancy Perfumes are “Whale Products”

Would Chanel, Lanvin and other high-end perfume companies be happy to call their scents whale products? Because, following the “tobacco product” logic, they certainly are. Ambergris is a very valuable substance ejected from the intestines of sperm whales and ending up in some of the most divine and highly-prized fragrances in the world. The chemical is used because of its ability to help scents attach themselves to human skin, and although it’s illegal to use in perfumes in the U.S., it does happen in other countries such as France. Again, does the use of this minor ingredient make high-class perfumes “whale products?”

The Core Point: Defining Products by the Source of Minor Ingredients Is Silly

So we’ve treaded some slightly absurd ground over the course of this list, and of course, we aren’t really suggesting that caffeine pills are coffee products or perfumes are whale products. The real point is that chemicals – specific combinations of atomic elements – are exactly the same no matter where they come from. If you get nicotine from an eggplant, it’s identical to the nicotine you get from tobacco. The arrangement of the atoms is exactly the same, its effects on people are exactly the same, and all of its other properties are exactly the same. Once it’s been extracted from its original source, it means very little to still define it that way. This is why there would be no point in calling caffeine tablets coffee products – it’s no longer coffee; it’s caffeine.

For e-liquid, this is made even more ridiculous because it isn’t wholly or even primarily composed of nicotine. The levels in most e-liquids are lower than 1 part in 50. However – again, as justified as it is from a purely legal perspective – we ignore the other 49 parts in 50 (which are nothing to do with tobacco) and call it a tobacco product anyway.

When used in the everyday sense – in the way the CDC did and the way many ordinary members of the public may assume it is being used – calling e-liquid a tobacco product is blatantly misleading, and logically leads to a collection of other absurd classifications and inconsistencies. If the tobacco product regulation is carried out rationally and any restrictions imposed are proportional to the likely risks of vaping, then legally calling it a tobacco product is a non-issue. However, if the term is used to falsely equate e-liquid with tobacco, it’s nothing short of an affront to our collective common sense.

Michael Grey
Find Me Here

Michael Grey

With a passion to educate through my writings and a passion to help others, I found my place here at Black Note. Being that I am a former smoker who quit smoking because of vaping, I knew I could help others do the same. Working for Black Note is a true blessing. Not only do I help educate vapers on a daily basis through my writings, but I am also enjoying the benefits of working with an amazing team and sharing an authentic tobacco solution with the vaping community.
Michael Grey
Find Me Here
  • theGOONIES

    My eliquid contains no nicotine and many other people are also using no nic juice . The fda in their grand wisdom has taken it upon themselves to falsely claim it is a tobacco derrivative. Same with my batteries and mods. Weird.

    What other things can we categorizebas something they are not?

    Am i a race car driver if i put racing stripes on my prius ? ( woukdnt be caught dead driving one)

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What is E-Juice?

E-juice, also known as e-liquid or vaping liquid, is the liquid that’s placed in the vaping device and subsequently atomized into vapor. When you go to buy e-juice, you’ll notice it contains a mix of several ingredients. These typically include vegetable glycerin (VG), propylene glycol (PG), some type of flavoring, and nicotine.

VG and PG form the base of the e-liquid. VG is a component used in food and personal care products; its role in e-liquid is to create a thick, dense vapor. PG is another popular solvent used in a variety of everyday items. It carries the e-liquid flavor, provides the “throat hit,” and enhances the vaping liquid’s ability to soak into wicks or cartomizer materials.

Nicotine is an optional ingredient, often available in different levels. E-juice also contains some type of flavoring.

Black Note leads the pack of tobacco vaping liquid by using only natural flavoring – extract from real tobacco leaves to produce real tobacco taste. When you go to buy e-juice from other companies, you may find any number of chemicals used to create synthetic flavors that include fake strawberry, manufactured vanilla, and even man-made tobacco flavors.

If your aim when you buy e-liquid is to experience the subtle nuances, genuine flair and authentic taste of real tobacco, then you’ll be on the mark if you buy e-juice from the Black Note lineup.

Best E-Juice

When you’re going to buy e-liquid, it’s only natural you’ll want the best e-liquid. But what, exactly, does it “best e-juice” mean? We’ll tell you.

For starters, you’ll want an e-juice that doesn’t contain all kinds of strange chemicals and concoctions that you can’t even pronounce. True, even the best e-liquid will contain vegetable glycerin (VG) and proplene glycol (PG), which serve as the base of e-juice, but you don’t necessarily need a host of other chemical compounds.

The best e-juice will stick to natural ingredients, like real tobacco extract, rather than rely on synthetic flavorings, colorings and other additives. Diacetyl is one of those synthetic ingredients that has gotten a pretty bad rap, although its use is not all that uncommon for producing sweet e juice flavors.

Definitely read the ingredient list before you buy e-juice to ensure you recognize what’s on it. Better yet, see if the e-juice company offers a lab report to confirm what’s actually inside the e-liquid.

In addition to having as few chemical ingredients as possible, the best e-juice will have an amazing taste. For those who enjoy authenticity over imitation, the most amazing taste is the most natural taste, especially when it comes to tobacco. Since Black Note uses real extract from tobacco leaves, we not only avoid all those weird chemical flavorings, but we also produce the most authentic experience: tobacco vaping liquid that actually tastes like tobacco.

Best E-Liquid on the Market

Anyone looking for the best e-liquid on the market need look no further than Black Note. Black Note tobacco vaping liquid ranks as the best e-juice across the board in every category, starting with the taste.

Black Note’s main claim to fame is producing a tobacco vaping liquid that actually tastes like real tobacco. That because we use real tobacco extract, not chemicals, to create the best e-juice tobacco flavor. Using extract from real tobacco leaves retains tobacco’s nuances and flavor notes, giving you the most authentic and multi-faceted tobacco experience.

In addition to being the best e-juice for tobacco taste, Black Note also has the best e-liquid manufacturing process. We spent years researching and testing various production methods, and finally landed on one that we believe is absolutely perfect.

It starts with growing carefully selected tobacco seeds, followed by an equally precise of steps that include an extensive natural extraction process. Even our bottling and packaging is done with the utmost care, using recycled and recyclable packaging materials to ensure our products are as earth-friendly as they are vapor-friendly.

One more category where Black Note ranks as the best e-liquid is with the value. Every order comes with free domestic shipping, one-to-three day domestic shipping guarantee, and a 90-day, money-back satisfaction guarantee. If you’re not happy for any reason, or don’t agree we’re the best e-juice on the market, send it back on us and we’ll refund your money.

Vape Juice Ingredients

Vape juice ingredients can be pretty straightforward – or not. At the very least, most vape juice contains propylene glycol (PG), vegetable glycerin (VG), and some type of flavoring. Nicotine has largely become an optional ingredient that can be included at varying levels or left out altogether.

Vegetable glycerin (VG) and propylene glycol (PG) are usually the two main ingredients that make up the base of most vape juice.

VG is a plant-based substance with the ability to produce a dense, thick vapor. PG is an additive found in many food items and certain medicines. It carries the flavoring, provides the “throat hit” and enhances the vape juice’s ability to soak into the wicking materials.

Nicotine levels can vary, as can ingredients that make up the flavorings. The components that make up vape juice flavoring are where ingredients can get rather complicated.

Vape juice that relies on artificial flavorings can contain any number of extraneous chemicals and other additives, whatever it takes to recreate the flavor the ecig juice is going for.

Black Note uses only natural flavorings: extract from real tobacco leaves. That keeps our ingredient list incredibly simple, backed by a lab report to prove it. You won’t find any strange chemical concoctions used to produce our tobacco flavor, just real tobacco extract that delivers a real tobacco experience.

What is the Best Flavor for Ecig Juice?

From strawberry shortcake to banana rum, ecig juice comes in tons of flavors. While folks can debate and discuss all the fruity, sweet or food-like flavors all day long, the best flavor for e-cig liquid is straight-up tobacco.

Why? Vaping was originally created as an alternative for traditional cigarettes, mainly for those who enjoy the taste of tobacco. And when you can find an e-cig liquid that is able to recreate tobacco’s full-bodied yet delicate flavor notes and nuances, but without the harmful chemicals found in cigarettes, then you’ve found the best ecig juice.

Recreating tobacco’s complex flavor isn’t easy, especially when it’s attempted with artificial ingredients. That’s why Black Note sticks to the real thing, extracting the essence of real tobacco leaves to flavor our vaping liquid. Not only does this avoid the harmful chemicals in cigarettes, but it also eliminates the flavoring chemicals found in many ecig juices. The end result is real tobacco taste, an authentic tobacco experience and the best flavor for ecig juice you can find.

Notice also we said the best e-cig flavor was straight-up tobacco, not plain old tobacco. Black Note’s real tobacco vaping liquid happens to come in a variety of different blends, from the light and airy to the peppery and robust. Not all tobacco is created equal, and different blends capture the specialized subtleties that make each tobacco unique.

Best Sweet Tobacco E-Juice

When it comes to sweet tobacco e-juice, your options can be broken down into two categories.

The first category contains tobacco e-juice that overlays the tobacco flavor with artificial chocolate, caramel, vanilla, fruity or other dessert-like flavorings. We wouldn’t classify any such flavors as the best tobacco e liquid, simply because they typically use chemicals and other artificial ingredients to create the tobacco taste, the sweet taste, or both.

The second category of sweet tobacco e-juice is where you’ll find the best tobacco e-liquid, sweet or otherwise. This category contains vaping liquid created using only natural flavorings, which is exactly where Black Note fits in. Instead of concocting flavors using synthetic ingredients, Black Note uses an extensive extraction process that slowly and deliberately extracts the tobacco essence from real tobacco leaves.

The result is the best tobacco e-juice: tobacco vaping liquid that actually tastes like real tobacco. And if you’re going for the best sweet tobacco e liquid, we have a few tobacco blends that offer varying levels of sweetness.

Prelude is our sweetest tobacco e-liquid, containing golden Virginia tobacco. Made from fire-cured dark Virginia tobacco, Sonata is our Cavendish blend with a mildly sweet and nutty flavor. Solo is our menthol blend, giving you a semi-sweet minty taste created from natural menthol crystals extract from dried mint leaves.

For the best tobacco e-liquid that’s naturally sweet and remarkably delicious, Black Note is at your service.

WARNING: Black Note products are not smoking cessation products and have not been tested as such. Black Note products are intended for use by adults of legal smoking age (21 or older in California), and not by children or women who are pregnant or breastfeeding. Black Note products contain nicotine, a chemical known to the State of California to cause birth defects or other reproductive harm. Ingestion of the non-vaporized concentrated ingredients can be poisonous. Keep out of reach of children and pets. For immediate advice, contact poison control center: (800) 222-1222