Class Action

[dagit]

I imagine a world in which the community came together to support and fund a class action suit requiring government not to intervene in our basic human right to pursue and preserve our health.

Ideally, the manufacturers would lead the way as they're the ones at the backend making the dough from products they claim to help us. But I get the idea that Chinese-based manufacturers aren't likely to want to take on the the governments of other countries.

To my understanding, the suppliers are in a rough spot - they have business interests and money on the line, but they don't have any hard assets (other than inventory) and aren't really in a position to 100% back a particular product version or chemical formula (that is, what they don't make and control the quality of, is hard for them to back).

What about us, "we the people", the e-cigers? Are there enough of us to put together the organized support and funding?

We'd have to tackle one government at a time - a key player that other countries would look to for guidance. I'm Canadian so tend to think in Canadian terms and how such a thing would relate to our human rights laws, etc. But I don't imagine Canada is "big" enough to make it worth our collective while. What about the USA?

We'd do better keeping the "message" short - not just about x product version or x chemical formula or maybe even about x type of product (e-cig), but maybe broader... keep the message broad so as to draw in public support as widely as possible. Rather than arguing for the "rights of smokers to have e-cigs", we argue for the rights of people to create, produce and access any resource possible to pursue and preserve their health....

[IntoxiNation]

Considering the costs involved with class action suits, it would take quiet a bit of money. I can only really speak of the United States, but when you start adding in appeals and all that, then the costs will skyrocket. It would probably be cheaper to sponsor some sort of clinical testing to prove that e-cigs are much safer than analogs.

[ratfink]

I imagine a world in which the community came together to support and fund a class action suit requiring government not to intervene in our basic human right to pursue and preserve our health.

Class action suits are for civil torts. Injunctions are for compelling the opposing party to do or stop doing something, which only takes a single individual to file a case.

[wyzardd]

You libertarian!

Government shouldn't be trying to protect us from ourselves anyway, in my opinion.

[palermo45]

You libertarian!

Government shouldn't be trying to protect us from ourselves anyway, in my opinion.

You are absolutely correct!! Furthermore if the FDA does gain control of tobacco what do you think they will do? I am under the impression they want to dramatically lower the dosages of nicotine per cigarette. Won't that simply make people smoke much more then they already are in an effort to get their nicotine dosage? That simply equates to double or triple the health hazards and deaths related to smoking which are currently seen. Government is the problem!! If they elliminate e-cigs and I develop a terminal illness because I go back to analogs, I will make sure I am found at the footseps of the FDA. Lol,,a little too dramatic huh?

[katink]

That simply equates to double or triple the health hazards and deaths related to smoking which are currently seen.

Yes, but it also will double or triple tobacco-related income for BT, BP and governments...

[Boston George]

If you go to court and say 'my e-cigarette is healthy' the judge will save prove it. The statement 'well I feel better' isn't proof nor is really its lack of chemicals. There are a lot of questions about some of the flavorings being very bad to breathe in over long periods of time.

However, making the case that an e-cig isn't a medical device, now there you may gain some traction.

[CaseyNY]

And acceptable proof is??

The sad thing is, if we prove it safe, like maybe the nic-inhaler thing, they might approve it since it is.

But even if we prove it not healthy, it should be able to be sold, aka cigarettes.

The fact that we don't "KNOW" measn it can't be approved, sold, or whatever.

Ahhhh, to live in an 'ir-rational' world! No wonder we're all whacked!

In the end, I agree with wyzardd, once someone reaches 18, its their call! If they want to eat trans fat, then go for it. If they want to ride a motorcycle without a helmet, go for it. ETC. Freedom is an illusion .... and their not even trying to hide it well now days!

Ok, I will jump off the soap box (wherever that term came from), grab the 901 and go outside in the sun for a vape. Will arrive out there, take two drags, change the battery because its dead already and hope my SD is at my house when I get home.

[leaford]

Class action suits are for civil torts. Injunctions are for compelling the opposing party to do or stop doing something, which only takes a single individual to file a case.

If you go to court and say 'my e-cigarette is healthy' the judge will save prove it. The statement 'well I feel better' isn't proof nor is really its lack of chemicals. There are a lot of questions about some of the flavorings being very bad to breathe in over long periods of time.

However, making the case that an e-cig isn't a medical device, now there you may gain some traction.

But the standard of proof in a court of law might be a lower bar to hurdle. At the least, an injunction pending further study could buy the industry time. With the right lawyers, line up expert testimony from people like Dr Siegel, a few good witnesses...

I smell a Boston Legal script!

[chuck7403]

Usually, in the US, a court will only grant a temporary injunction when: (1) the plaintiff will suffer irreparable harm if the injunction is not granted; (2) the plaintiff has no adequate remedy at law; (3) the plaintiff has a substantial likelihood of success on the merits; and (4) the injunction will serve the public interest.

There are other factors and elements various courts will examine when ruling on a temporary injunction, but the above are the common elements...