Adversarious1 Posted August 11, 2016 Posted August 11, 2016 (edited) I work in law enforcement. Over the years I have been in courtrooms many times when I have heard a defense attorney object to a statement made by a witness and ask for that statement to be struck from the official court record. When this happens, the attorney generally states specifically what wording they want removed from the record and the judge repeats it to the court reporter when making the official order to strike the statement. The vast majority of the time the statements being objected to/struck are irrelevant to the case and really have no bearing on it, but every once in a while a statement made by a witness, whether warranted or not, can influence a jury's decision to convict or not convict. In those particular cases I have always found it interesting that the reason the defense attorney wants a particular part of a statement struck is so the jury won't officially "remember" it, but by repeating the statement and then having a judge repeat the statement while issuing the order to strike the statement it usually ends up burning that statement into the memories of the jury. While the struck statement cannot be used in determining guilt, it ends up serving as a subliminal message of sorts. What does this have to do with the FDA regulations? Subliminal messages. I was chatting with a fellow vaper here at work today about the regs and where we see things going. We are both in agreement that vendors not being able to promote vaping as a safer, healthier, less dangerous alternative to smoking is ridiculous. So we came up with the following text that a shop owner could potentially post in the window of their shop (or even inside the shop). It probably wouldn't fly very far, but it still might be fun to test the waters a bit. Edited August 11, 2016 by Adversarious1 Fixed grammar error...I'm my own Grammar Nazi smacksy, jasonculp and Tam 3
Tam Posted August 11, 2016 Posted August 11, 2016 A new take on reverse psychology. Love it! VapeMama 1
Bebop Posted August 11, 2016 Posted August 11, 2016 I only have one problem........it should be painted on the wall, floor to ceiling in 3" letters Tam 1
FXRich Posted August 11, 2016 Posted August 11, 2016 When are the Vape police going to be hired? Local law enforcement don't have time to enforce the FDA rules, nor do they want to, except maybe when it involves minors.
Squid Posted August 12, 2016 Posted August 12, 2016 Local B&M has a similar sign posted on every counter and wall, minus the listing of "prohibited phrases". VapeMama 1
Adversarious1 Posted August 12, 2016 Author Posted August 12, 2016 I only have one problem........it should be painted on the wall, floor to ceiling in 3" letters [emoji38] That would work as well [emoji6] When are the Vape police going to be hired? Local law enforcement don't have time to enforce the FDA rules, nor do they want to, except maybe when it involves minors.Absolutey correct...local law enforcement doesn't have time to enforce the things we HAVE to enforce. The one thing I can see us enforcing here in California is the under 21 law (Yes...21 here in California). Even then, while I can't speak for every agency I can tell you the only time my agency even does minor decoy stings is when it is paid for through a federal or state grant specifically for those purposes or when a large number of complaints are received about a specific business.Sent from my VS986 using Tapatalk
iQuit Posted August 12, 2016 Posted August 12, 2016 Not sure how they will enforce that other than creating a new agency - probably similar to ABC (alcoholic beverage control}. ABC does random inspections of bars, or any establishment that serves alcohol. They check permits, supplier invoice, and inventory among other things. They want to make sure the supply chain is legit (no moonshine, fakes, or using sources that did not pay excise tax). Who knows, maybe we will see a new agency to monitor and enforce laws on the vaping industry?
Adversarious1 Posted August 13, 2016 Author Posted August 13, 2016 The Feds already have a law enforcement agency. Beureau of Alcohol, Tobacco & Firearms.While their tobacco related duties primarily consist with the investigation and apprehension of illegal tobacco trafficking, their duties could easily be expanded by an act of Congress.What I think will more likely happen is the ATF will enlist the aid of existing state and local agencies in the enforcement of the regulations through federal grants.Sent from my VS986 using Tapatalk
Edna Posted August 13, 2016 Posted August 13, 2016 Great sign! I'd bet the more it's posted the more people that will wake up people into getting hold of their congressmen to change things up The B&M's around here are still trying to get things worked out... I know one of my local B&M's is looking for ways to work within... but around the rules. Like offering juice tasting for a penny a session and having pennies on the counter by the register for people who don't have cash with them. It's ridiculous. I live in Texas and they are already very strict about under 18's. I know one or two shops are quietly getting rid of their stock to close when it gets too bad.
FXRich Posted August 13, 2016 Posted August 13, 2016 Once the government does something its hard for them to admit that they made a mistake, and undo it. The best known example is the 18th amendment (prohibition), which had to be undone by the 21st amendment, the only Constitutional amendment ever repealed. I don't look for Congress to do anything because the current POTUS will probably veto it anyway. Just my opinion. If it were not for the Family Smoking Prevention and Tobacco Control Act, passed in 2009 the FDA would not have any control over tobacco products, and we would not have these new FDA regulations. Adversarious1, jasonculp, Edna and 1 other 4
iQuit Posted August 14, 2016 Posted August 14, 2016 (edited) On 8/12/2016 at 6:37 PM, Adversarious1 said: The Feds already have a law enforcement agency. Beureau of Alcohol, Tobacco & Firearms. While their tobacco related duties primarily consist with the investigation and apprehension of illegal tobacco trafficking, their duties could easily be expanded by an act of Congress. What I think will more likely happen is the ATF will enlist the aid of existing state and local agencies in the enforcement of the regulations through federal grants. Sent from my VS986 using Tapatalk It's funny seeing ABC officers for the very first time. I am hanging out at a cousin's bar, actually pitching in so he can pick-up his kids from school and drop m off at home, and ABC walks in. You could not tell them apart from local LE unless you look closely at the patch and badge. We were shooting the breeze while waiting for my cousin, and I asked how come ATF or simply local LE are not handling it. They just laughed. Local LE has no time, and ATF only deals with high profile cases. As friendly as they were, my cousin was cited because I was bartendting without a license. Not sure opening 2 bottles of beer is considered as bartending. lol Edited August 14, 2016 by iQuit
Tam Posted August 14, 2016 Posted August 14, 2016 1 hour ago, iQuit said: As friendly as they were, my cousin was cited because I was bartendting without a license. Not sure opening 2 bottles of beer is considered as bartending. lol You need a license to tend bar??? Wow. Times have changed...
iQuit Posted August 14, 2016 Posted August 14, 2016 11 hours ago, Tam said: You need a license to tend bar??? Wow. Times have changed... I know, right? Nowadays you need a license or permit for everything. If one wants to cut hair, do mani/pedi, be a massage therapist, or even erect a lemonade stand to raise funds for girl/boy scouts. lol
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