FDA Sued Over Electronic Cigarette Embargo

[Sun Vaporer]

Hi Sun, I wonder if sending a copy of our petition with over 5,600 signatures on it would help at all? (to the judge)

Vince--absolutley would help in my opinion. The Court has to see that this is not some little novel toy trying to be marketed to Childern--rather what it is--a smoking alternative. You can be sure the Anti's , Big Tobacco, Phama, and Child Advocates will have their lobbying power going with the Court as well trying to say that only kids are buying these thinks--The petition would make them aware of all of us out here----Sun

[Kate]

Personally I think vaping is a moral issue, not a health one but that's irrelevant.

What we have here is an attempt to profit from the classification of vaping as a tobacco product with all that entails.

Smoking Everywhere are short term money makers, they will make their money with the uninformed and desperate. When people are educated and have choices they will not be a chosen brand.

They want the legal definition of vaping products to be tobacco products by the sound of things to me and I'm not convinced it's good strategy for us in the long term. Their interests are about making money from us, our interests are long term acceptance of vaping.

[Vista Chris]

Personally I think vaping is a moral issue, not a health one but that's irrelevant.

What we have here is an attempt to profit from the classification of vaping as a tobacco product with all that entails.

Smoking Everywhere are short term money makers, they will make their money with the uninformed and desperate. When people are educated and have choices they will not be a chosen brand.

They want the legal definition of vaping products to be tobacco products by the sound of things to me and I'm not convinced it's good strategy for us in the long term. Their interests are about making money from us, our interests are long term acceptance of vaping.

Still reading through the doc, but can you highlight where it was suggested that PV's be classified as tobacco products?

I really hope that's not the case and if so we do need to take the time to voice our opinions on the matter through letters, emails, etc.

C

[jmoney]

It is a moral issue, the problem is and always has been choice, but the FDA has laws that they claim are to prevent ourselves from doing harm to ourselves by keeping shady people who make wonderful claims that in the long run end up hurting people, its a shame when they use this power against something like this

[Smokingfreely]

Sun, The suit contends the e-cig is a tobacco product, which the FDA cannot regulate. The first part is debatable, the second part is true. But if Congress hands the FDA control over tobacco and alternatives, then what a court rules on "tobacco product or not" becomes meaningless.

The issue is hardly "moot." First of all Tropical Bob, if you think if it's not a tobacco product, then it is clearly suspect whether or not the Waxman legislation would apply even in it's current form. If it is a tobacco product, it was also around prior to 1997, so, again, it is not totally clear whether the Waxman bill would apply. Why so doom and gloom? This is good news!

[Kate]

Still reading through the doc, but can you highlight where it was suggested that PV's be classified as tobacco products?

I really hope that's not the case and if so we do need to take the time to voice our opinions on the matter through letters, emails, etc.

C

Sorry, I might be wrong. Maybe something like treating vaping as a tobacco product was said? I haven't read anything properly myself but just thought I'd try to encourage a little more debate before jumping into support of Smoking Everywhere.

I wouldn't be surprised if I'm completely wrong.

It is a moral issue, the problem is and always has been choice, but the FDA has laws that they claim are to prevent ourselves from doing harm to ourselves by keeping shady people who make wonderful claims that in the long run end up hurting people, its a shame when they use this power against something like this

Yes, it's confused for sure. For us to support a shady dealer also could hurt people. I think outfits like Smoking Everywhere should be regulated but they seem intent to drag the rest of us with them.

[yvilla]

Kate, SE is making the only legal argument they can - if they want a chance in hell of winning this case.

They are simply relying on FDA V. BROWN & WILLIAMSON TOBACCO CORP., and it's holding that the FDA has no jurisdiction to regulate tobacco products.

Were it not for that holding of the US Supreme Court, the FDA would have free reign to classify ecigs as new drug devices requiring a NDA approval before their sale here in the US.

[Vince1]

Hi Kate, I have to side with you on this and wonder about our position. However, if we support SE's lawsuit we may damage our future but if we take a stand against them will it really make any difference at this point and have any effect on the outcome?
They are going to do this and we can't stop them, so is our input really going to make much difference either way at this point.
I feel we may just have to sit by and watch the outcome.

[NY JETS]

Personally I think vaping is a moral issue, not a health one but that's irrelevant.

What we have here is an attempt to profit from the classification of vaping as a tobacco product with all that entails.

Smoking Everywhere are short term money makers, they will make their money with the uninformed and desperate. When people are educated and have choices they will not be a chosen brand.

They want the legal definition of vaping products to be tobacco products by the sound of things to me and I'm not convinced it's good strategy for us in the long term. Their interests are about making money from us, our interests are long term acceptance of vaping.

Gotta agree with you Kate, the long term consequences of this action do not seem to favor the members of this community. Its a shame that SE is the only one who has the funds to fight this battle right now. We would stand a much better chance if one of the suppliers on this board were behind the suit. Unfortunately, filing suit against the FDA would leave all of us bankrupt fast.

[Wildsky]

I think there are only two options here. Tobacco product or New drug. I'd rather go with tobacco product if it came down to it.