FDA Sued Over Electronic Cigarette Embargo

[ISAWHIM]

Nice - Unfortunately, If/when the Waxman Bill passes in the senate, the FDA will have regulatory authority over tobacco ciagarettes...then what?

Don't get me wrong, I like the news...I like it a lot!!!

Since there is no tobacco (plant) in the electronic devices, and only some juices have tobacco extracts... That does not qualify "All devices", as being a "Tobacco product".

Tobacco is specifically a plant-substance, not an extract (Which is a derivative of tobacco.), and not synthetic creations which do not contain any tobacco.

Water is a component of tobacco... so that would assume that the FDA has the ability to control water, if it was allowed for them to say that this gives them the right to control nicotine extracted from tobacco.

In essence... that would also give them the ability to control tomatoes and potatoes... since they also contain nicotine and water... So the law/bill they pass, will have no legal impact on electronic-cigs, other than the ones which state that they are "Cigarettes", or state that they are for use of "Tobacco". (Such as vaporizing bongs, hookahs, etc.)

These devices are for vaporizing ANY non-oily or low-oil liquids. Nicotine delivery is not the primary or only indicated use. Tobacco is not even a suggested or advertised use. (With the exception of similar names for flavored juices, which are not a direct reflection of the contents within the product.)

If they said they were going to control "Nicotine"... that would be something to worry about... actually... that would be a good thing to demand. However that is the district of the DEA, and the DEA does not have concern with this low-threat substance. (Well, they don't enforce the control of it, other than age limits for certain specific products.)

If the DEA are the equivalent of street police... (Figuratively speaking.)
The FDA are the equivalent of school crossing-guards...

[marcb70]

The people at the kiosks may be idiots but the people running the show might be doing us some good.

[esmok-e]

Actual Smoking Everywhere vs. FDA/HHS Case Files

[Caesarea]

I still think you are lovely!

Crumbs!

That's Federal District Court in Washington DC. Not the Supreme Court... if it ever goes that far. Hope not... this could take many months if not years as it is.

But this is the spark that would light the fire...[/QUOTE]

Will the link
http://www.courthousenews.com/2009/04/29/Smoking.pdf

follow the progress of the proceedings?

How about a documentary of vintage cigarette ads and commercials, court settlement checks interspersed with seriously ill smokers and ex-smoker's (as in dead or alive) family members with the Doors "Light My Fire".....?

Add a marquee counter of how many are dying in real time and how much money is being made in real time....

Yes the moment for strategic fight back seems to be here. As well as lawyers, have PR/media people been hired do you think?
C.

[jmoney]

this is good for so many reasons...for the most part nobody knows what an electronic cigarette is, or has ever even heard of one...most people who smoke have been looking for something like this for many many years...hoping for it really, I would say expect more and more back orders from suppliers because this could really be what brings esmoking into the light

[esmok-e]

Bold, colors and italics added....

PreliminaryStatement

1. This is an action for declaratory and injunctive relief pursuant to 28 U.S.C. §2201 and 5 U.S.C. §702 et seq.to stop the FDA from improperly exceeding its delegated authority by attempting to regulate electronic cigarettes - electronic products that are derived from tobacco and allow a user to inhale a liquid nicotine vapor for the purpose of "smoking" pleasure.

The FDA has further exceeded its properly delegated authority by adding, without opportunity for public notice and comment, electronic cigarettes to an FDA "importalert, "whichalerts FDA field offices and the United States Customs and Border Protection ("USCBP") to the attempted entry of certain products into the UnitedStates, resulting in their refused admittance. By including electronic cigarettes on the FDA's import alert, several shipments of SE's products have been wrongfully refused entry into the UnitedStates. The FDA's conduct is ultra vires of its authority under the Food, Drug,and CosmeticAct ("FDCA"), 21 U.S.C. §§301 et seq., and by failing to engage in mandatory public notice and opportunity for comment, the FDA's conduct further violates the notice and comment procedures codified at 5 U.S.C. §553.

Read the whole complaint, it's a good read!!!!!

Big issues on the table. All of them covered? Hmmmm.....

[chuck7403]

Some information about Judge Leon:

http://http://en.wikipedia.org/wiki/Richard_J._Leon

Judge Richard J. Leon - U.S. District Court, Washington, DC

[MaxxVapor]

Bill, please share your thoughts after reading the case files.

Also, does anyone know how soon or probable a decision could be made concerning SE's requested relief (to let Electronic Cigarettes through customs) until conclusion of the suit?

At the very least it seems the FDA broke the law in not adding their addition to the national register.

There are reasons I'm not a lawyer!!!!

[planetofthevapes]

Ok, so, what happens if the FDA gains control over cigarettes then...the regular ones? Would we need an Rx to smoke? That would be ODD....hmm..."doc, I'm considering committing a 50 yr suicide attempt, could you hook me up...lung cancer sounds fun!" If the FDA gains control over cigarettes but then continues a ban on the e-cigs...that would really show how messed everything is these days! I'm cheering SE on right now...I'm very excited that somebody found a ruling and is trying to use it to get our products back from being seized (so far I've been lucky, but I bite my nails every time I have to order from China because people stateside are out of what I need/want). GO SE!

[Freedom]

PM me and I will send you a copy of the 25 page complaint!