Smoking Everywhere V. FDA Daily Docket Sheet Update--APPEAL's COURT ISSUES STAY

[Sun Vaporer]

Originally Posted by JerryRM

True enough Sun, but what about now, the time before the final ruling? If the FDA should take that stance (if they legally can), and continue to confiscate shipments from the other suppliers, there may well be only SE and NJoy, as suppliers, when the case is finally over. True/False?

Jerry--that is what I was talking about here:

Originally Posted by Sun Vaporer

Kristin---why are you "Just sayin'". It is what it is. If SE and NJOY are going to be the only Suppliers that the FDA is going to leave alone during the pendency of this case, than that is a real problem for everyone.

I do not know too many people on this board that use either of these companies. So lets just spell it out and call a it like it is----it is a bad position to be in right now and that is the bottom line.


Sun

It could be a growing problem if this case drags out. No need for NJOY or SE to quicken this case along now, as it looks like their market share will continue to grow totally protected so long as this case drags on---I hope they do not take this stance.


Sun

[JerryRM]

Ok, Sun, I read it, before I posted, but I have a cold and my head is in a fog tonight!

I know, no excuses for being "dense"!! ahhhhhh-choooo!!!!!!

[JustMeAgain]

After the way Judge Leon chastised the FDA, isn't it a bad idea for them to be so legalistic?

[Sun Vaporer]

Originally Posted by JustMeAgain

After the way Judge Leon chastised the FDA, isn't it a bad idea for them to be so legalistic?

JustMe--The FDA does not care obviously. They are going to stick with what they plead and argued to in Court till there is a final ruling telling them that what they can and can not do.


Sun

[JustMeAgain]

Originally Posted by Sun Vaporer

JustMe--The FDA does not care obviously. They are going to stick with what they plead and argued to in Court till there is a final ruling telling them that what they can and can not do.


Sun

Despite the fact that SE and Njoy are the only companies actually involved in the case, the comments Judge Leon made could easily be applied to any of the companies. Is it conceivable that what they are doing will be perceived as defiance and that could create problems for them?

[Sun Vaporer]

Originally Posted by JustMeAgain

Despite the fact that SE and Njoy are the only companies actually involved in the case, the comments Judge Leon made could easily be applied to any of the companies. Is it conceivable that what they are doing will be perceived as defiance and that could create problems for them?

Justme--the FDA obvioulsy does not care. Like it or not, from a political standpoint, they feel they are giving the average voter what they want. The politically correct thing to do in this day and age is get rid of anything that is precevied as smoking.

That is why smoking bans pass everywhere they are presented.


Sun

[JerryRM]

Originally Posted by Sun Vaporer

Justme--the FDA obvioulsy does not care. Like it or not, from a political standpoint, they feel they are giving the average voter what they want. The politically correct thing to do in this day and age is get rid of anything that is precevied as smoking.

That is why smoking bans pass everywhere they are presented.


Sun

I'm a bit more cynical Sun. I would say that they are giving BP and BT what they want.

[The Mosh]

Originally Posted by JustMeAgain

Despite the fact that SE and Njoy are the only companies actually involved in the case, the comments Judge Leon made could easily be applied to any of the companies. Is it conceivable that what they are doing will be perceived as defiance and that could create problems for them?

The ruling doesn't cover just SE and NJOY. It clearly says "all electronic cigarette shipments" and makes use of some very clear language picked specifically to apply to the entire industry, or category. If the FDA does not fully comply, Leon is likely to hold them in contempt of court. That's not something the FDA wants, because it makes their cause look petty, and makes them look like the bullies they are.

[Sun Vaporer]

Originally Posted by The Mosh

The ruling doesn't cover just SE and NJOY. It clearly says "all electronic cigarette shipments" and makes use of some very clear language picked specifically to apply to the entire industry, or category. If the FDA does not fully comply, Leon is likely to hold them in contempt of court. That's not something the FDA wants, because it makes their cause look petty, and makes them look like the bullies they are.

Mosh--that simply is not the case. The Order is personal to NJOY and SE:

"I am mindful, however, that the purpose of preliminary injunctive relief is merely "preventative, or protective; it seeks to maintain the status quo pending a final detennination of the merits of the suit."

Wash. Metro. Area Transit Comm 'n v. Holiday Tours, Inc., 559 F.2d 841, 844 (D.C. Cir. 1977). Because I have concluded that plaintiffs are substantially likely to succeed on the merits and are likely to suffer irreparable harm if I do not return the parties to the status quo ante, their respective motions for preliminary injunction are GRANTED pending a final disposition of this case. An Order consistent with this opinion is attached herewith."

Anyone else simply is not within the scope of this Ruling.

Sun

[Randyrtx]

Some (including much of the media) seem to be misconstruing the "ruling". The judge only granted plaintiff's motion for a preliminary injunction, the case still awaits a final ruling.

Is this not correct, Sun?