Legal Question about Snuff

[Ephemeris]

For the last several days that I've been researching advertising requirements for the magazine, I'm struck by something that I keep coming across in the FDA wording.

According to the FDA, warning labels and advertising restrictions on smokeless tobacco products doesn't apply to dry nasal snuff:

Definition of “smokeless tobacco” under the Smokeless Tobacco Act

“Smokeless tobacco” is any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral cavity. 15 U.S.C. 4408(1).

That clearly excludes dry snuff that is meant to be inhaled through the nasal cavity. So does this mean that if I run an ad for say, Toque or Wilsons, I don't need to put jack squat in the way of a warning on the ad? Someone smarter than me, please chime in.

[c.nash]

I believe that is how Toque and other Nasal Snuff companies are getting around the shipping and taxes and stuff, so I believe you can.

Don't quote me though, I am no where near a lawyer or anything close to it haha.

[EricHill78]

I still don't understand why my beautiful tins from mr
snuff are disgraced with warning labels taking up 50 percent of the
tin..

[lxskllr]

Oral cavity pretty much refers to everything on the front of your face. I think that's the correct scientific definition. Someone with more formal training may be able to clarify though.

[Ephemeris]

I emailed an Otolarygonologist (Ear Nose & Throat guy) earlier and here's the response I got:

Everything from your mouth down to your larynx could be considered part of the oral cavity. The nasal cavity is a wholly separate unit until it meets with the pharynx in the back of the throat. So, a device meant to introduce an agent into the nasal cavity would have to enter into the front of the nose, and a device meant to introduce an agent into the oral cavity would have to be delivered from the mouth or throat.

That's good enough for me.

Now, I need to determine if there is some sort of "blanket" warning meant to cover any tobacco product. Those FDA bastards are quite crafty.

[lxskllr]

Good to know. I'm not sure it matters though. Laws, like contracts are allowed to be broken when it suits the person with the deep pockets in the USA. I'm not sure why we even bother :^/

[Ephemeris]

Very true. I've consulted with about six different lawyers this past week and none of them could give me a straight answer about anything regarding this FDA crap. They all agreed on one thing though; the law is too vague to determine anything definite. I'm sure that's exactly what their intended goal was.

[tom502]

I noticed in the Ephemeris mag, it talks of NY banned flavored dip, but that was overturned when the dip makers took it to court.

[CoderGuy]

I noticed in the Ephemeris mag, it talks of NY banned flavored dip, but that was overturned when the dip makers took it to court.

They are trying to get rid of all flavors, as though adults do not like flavor, only children (m*****f****n anti's). I can't imagine how nasal snuff has not been targeted (since it is all flavors) and if it ever was that would be the end of it (c***s****n-m*****f****n anti's)

[Ephemeris]

I noticed in the Ephemeris mag, it talks of NY banned flavored dip, but that was overturned when the dip makers took it to court.

The ban was later upheld. As of May 24th flavored tobacco is still banned in NYC, not unless the ban has been overturned since then.

[tom502]

I don't know. I remember reading a ban on flavored smokeless in NY, but then read the Big Tobacco said it was not their right to do that, and took it to court, and the ban was overturned. If it was turned back, I don't know.

[precious007]

What's the point in banning flavored DIP...

This is simply hilarious... I mean it's just an extra flavor that's all. (Did they even come up with a reason?)

[tom502]

The "children".

[devilock76]

The "children".

This theme has been coming up over and over again around me, not in tobacco but in just child raising. It has gotten to the point that we are so devoted to protecting our children that our children don't know how to protect themselves (a statement of life skills not actual self-defense). I know my wife and I are at odds over this as she is the type that would put our kids in giant hamster balls if she could and I am the type that who thinks that our job is to teach them to stand on their own.

I know slightly non-sequitor but in the broad social and political spectrums of such issues, the mindset that leads to this is starting to show flaws. Measurable flaws.

Ken

[tom502]

Well, they have ADHD, so they are no longer responsible for their actions, and parents are no longer responsible for their parenting.