FDA Sued Over Electronic Cigarette Embargo

[OutWest]

I've uploaded the other document on the court case
http://www.alternasmokes.com/SE-Memo...ort_of_TRO.pdf


edit to add - and here's the link to the filings that dc2k08 found and posted earlier http://www.courthousenews.com/2009/04/29/Smoking.pdf

[chuck7403]

While I have not read everything about this case, and am not fully versed in this area of the law, the FDA may have some defenses.

I think the FDA is exempt from notice and comment in certain situations. One such situation is for "interim rules" where the FDA can show "good cause." Good cause is usually only found in "emergency" situations. An emergency situation could be when the public health is an issue.

The agency needs to offer evidence as to why the public interest is served by the immediate implementation of the interim rule. Courts, however, are skeptical of this exception because they do not want agencies to abuse their power...

The FDA could also argue that their actions are merely "policy statements" which are not binding...

The classification of the action the FDA has been taking (detaining shipments) may be crucial in this case...

See Tennessee Gas Pipeline Co. v. FERC, 871 F.2d 1099 for some discussion of the law...

[Sun Vaporer]

As previously posted--anyone can look at the Complaint for Injuctive Relief right here. Since this is a Complaint requesting a Preliminary Injuction, a hearing will be marked up very quicky. A letter to the Judge is in order for me now as the Clerks do read them unlike sending one to your Congressperson-----------Sun


See http://www.courthousenews.com/2009/04/29/Smoking.pdf

[Jim Davis]

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!!!

I'm not a lawyer either, but as I understand this, the FDA does not have control yet, and Customs is holding up shipments on something that hasn't been ruled on. They're jumping the gun, and I think we have a good chance here.

[OutWest]

As previously posted--anyone can look at the Complaint for Injuctive Relief right here. Since this is a Complaint requesting a Preliminary Injuction, a hearing will be marked up very quicky. A letter to the Judge is in order for me now as the Clerks do read them unlike sending one to your Congressperson-----------Sun


See http://www.courthousenews.com/2009/04/29/Smoking.pdf

Good idea. The memorandum in support that was filed is also worth reading (i uploaded it and posted link a couple of posts back - top of this page)

[LaceyUnderall]

As previously posted--anyone can look at the Complaint for Injuctive Relief right here. Since this is a Complaint requesting a Preliminary Injuction, a hearing will be marked up very quicky. A letter to the Judge is in order for me now as the Clerks do read them unlike sending one to your Congressperson-----------Sun


See http://www.courthousenews.com/2009/04/29/Smoking.pdf

Are you suggesting we all write letters to Judge Leon? If so... then I will get started.

[ozrick]

Problem the company sueing them is still advertising their e-cigs as a healthier way to smoke. That is what the FDA had issues with to begin with. SE was one of the companies that started this whole fiasco by pushing the FDA to have to investigate the medical claims SE made about their e-cigs....

Their site has been updated a bit but their promo video not only says it's healthier but suggests it can be used as a NRT...

This could be bad.

[chuck7403]

Are you suggesting we all write letters to Judge Leon? If so... then I will get started.

What would you say in this letter?

[Sun Vaporer]

Are you suggesting we all write letters to Judge Leon? If so... then I will get started.

Lacy--Without a doubt--Judge's and their Clerks love input and need to know that this is NOT SOME NOVEL LITTLE TOY--rather an altrenative that so many of us use--Not to many people in that courthouse know anything about the e-cig and need to know that we use them as an alternative and got of cigarettes!!!! Mine is going out tommorow Express Mail overnight--------Sun

[MaxxVapor]

Are you suggesting we all write letters to Judge Leon? If so... then I will get started.

I'm thinking that's what he means exactly.