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The FDA;s new legal challanges

Vapers Now Giving The FDA New Legal Challenges

The USA, the land of the free, is busy trying to make vapers less free than in any other country outside the Middle East. The FDA’s new Deeming Regulations will drown the industry in fees and paperwork, wiping out the majority of liquid makers and eliminating thousands of products from the market. The agency openly says it’s more likely to approve closed system devices – cigalikes – than anything with a refillable tank. As things stand, in August 2018 the vapor products market as we know it will cease to exist.

Vapers aren’t willing to let things stand. A federal court hearing on Tuesday, October 11 marked the latest move in a fightback against excessive government regulations as both consumers and manufacturers launched a bid to revise the law.

Industry and advocacy combined

Tuesday’s case has its origins in June. Two previous lawsuits, one brought by liquid maker Nicopure and the other by a coalition of advocacy groups, were combined into a single case by DC District Court judge Amy Berman Jackson. Both cases are challenging similar aspects of the Deeming Regulations and both were filed in the DC District Court, so merging them makes sense. It also means the FDA is faced by the combined strength of both legal teams.

Nicopure’s counsel Benjamin Block argued that the FDA is exceeding its powers by deeming a product to be tobacco simply because of its intended use. As he pointed out, vapor products do not contain any tobacco – and, while most liquids contain nicotine, not all do. While the argument that something becomes a tobacco product just because it contains a chemical extracted from tobacco is pretty dubious already, Block focused on the FDA’s extension of the rule to cover products that don’t contain nicotine in the first place, including 0mg liquids and hardware. As Block said to Judge Jackson, “Congress did not say, ‘We are giving you the keys to the kingdom’ – authority to regulate tobacco products doesn’t mean authority to reclassify things as tobacco products for the sole purpose of regulating them.

The FDA argue that the only reason vapor products exist is to deliver nicotine to users, and that this is enough to classify them as tobacco products. Judge Jackson appeared to accept that line of reasoning, and to be skeptical of the plaintiffs’ viewpoint; she asked Block if there is “anything else in the universe that anyone would do with a vaping device other than put a liquid in it and vape with it?” Clearly, the answer is no, but there’s no chain of logic that leads from there to a battery holder being a tobacco product.

Is two years long enough to get approval?

On the technicalities of the Pre Market Tobacco Application process, the plaintiffs may be on safer ground. Jackson challenged the FDA’s legal team on the time limit for PMTA submissions. Currently, this is two years; by the FDA’s own estimates the required paperwork will take around 1,700 hours to complete, while most industry analysts believe the real figure is at least 5,000 hours. Even at the lower end, this is a lot of time for a small business to dedicate to filling in forms – almost a year’s full-time work for one person, for each product. The reality is that many companies won’t be able to get it done inside the two-year window.

Jackson has two options here. One is to order the FDA to extend the time limit, which would buy some breathing space but really is just kicking the can down the road. The other is to scrap the limit altogether. That would make the whole PMTA system pointless, so it’s unlikely she’ll take that course.

Grandfathering – 2007 is too early

The best option for the industry – and for vapers – is to change the predicate date for grandfathered products. Any vapor product that’s “substantially equivalent” to one that was on sale before the predicate date can stay on the market without a PMTA; the problem is that the predicate date is February 17, 2007. No product on the market now is even close to equivalent to anything that was available then.

As Judge Jackson pointed out, the FDA doesn’t actually have the authority to change the predicate date; it’s mandated by Congress as part of the 2009 Tobacco Control Act. The best hope for changing the date is the Cole-Bishop Amendment. The House Appropriations Committee allowed this to go forward in April; if it’s passed the predicate date will move forward to August 8, 2016 – the date the Deeming Regulations came into force. The industry would still struggle to introduce safer and more effective products, but everything that was on the market by early August would still be available.

An uphill struggle

As for the current legal challenge, the plaintiffs aren’t letting their hopes rise too high yet. Dimitris Agrafiotis of the Tennessee Smoke-Free Association, part of the advocacy coalition, believes Jackson doesn’t understand the market as well as she could. He fears this could tip her towards the FDA side. She’s also suggested that the number of companies that will be harmed by the law is a sign that it’s necessary, rather than that it’s excessive. On the other hand, Judge Jackson has shown she’s willing to challenge government rulings in the past. If she gets up to date on the facts it’s probably those that will swing her decision, rather than political factors.

It’s unlikely Jackson will rule on the case before the end of the year, so vapers and the industry are going to have to live with the uncertainty for a while longer. Whatever happens with this case, however, there will certainly be more legal moves to block the FDA’s deeming regulations. A coalition of cigar associations is also challenging the FDA’s regulations, and again they’ve filed through the DC District Court. Judge Jackson might not be an expert on vaping and tobacco control now, but it looks like she’s going to have plenty of chances to learn.



A former soldier in the British Army, Fergus Mason is now a freelance writer with a special interest in e-cigarettes and travel. When he’s not writing Fergus enjoys sailing, archery and fishing. He’s been vaping since early 2013 and doesn’t ever plan to stop.

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What is Naturally Extracted Tobacco E-Liquid?

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.

WARNING: This product contains nicotine. Nicotine is an addictive chemical.