FDA Sued Over Electronic Cigarette Embargo

[Sun Vaporer]

As reported here, Smoke Everywhere filed suit against the FDA yesderday, claming the FDA has overstepped its regulatory authority by banning shipments of the devices and insisting they need to go through the drug approval process.

The suit was filed in the U.S. District Court for the District of Columbia and argues that:

"the FDA has overstepped its regulatory authority by banning shipments of the devices and insisting they need to go through the drug approval process.....

Smoking Everywhere’s lawyers from Thompson Hine point out that in 2000, the Supreme Court ruled that the FDA did not have the power to regulate ordinary cigarettes. Therefore, it shouldn’t be allowed to clamp down on their high tech counterparts, the lawyers argue.


“There are a series of laws and regulations pertaining to the advertising and distribution of regular cigarettes that we believe are more appropriate for this particular product, and those laws and regulations are largely administered by the Federal Trade Commission,” says Walt Linscott, an Atlanta-based partner at Thompson Hine."

Game on my friends----------Sun

See The BLT: The Blog of Legal Times : FDA Sued Over Electronic Cigarette Embargo

[Kate]

Thanks for the news Sun. It's about time this was taken to court to clear up the issue once and for all.

[Krakkan]

I was just about to post this article lol it has begun

[bri1270]

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!!!

[nitewriter]

Awesome news! Lets keep watch on what happens and keep our fingers crossed!

Thanks Sun!!!

[Boston George]

If/when the Waxman Bill passes in the senate....

we shall fight on the beaches,
we shall fight on the landing grounds,
we shall fight in the fields and in the streets,
we shall fight in the hills;
we shall never surrender.

-Churchill

[luvmyvapor]

Do you think that with the pending suit that the FDA may ease up on the seizures?
That would be cool

[OutWest]

YEA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


Now if we can just manage to get some Senators to file indefinite holds on the Waxman bill, we might have a chance.

[StudioKraft]

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

Yes, especially since it seems that the argument from the Smoking Everywhere lawyer is to equate PVs with cigarettes:

Smoking Everywhere’s lawyers from Thompson Hine point out that in 2000, the Supreme Court ruled that the FDA did not have the power to regulate ordinary cigarettes. Therefore, it shouldn’t be allowed to clamp down on their high tech counterparts, the lawyers argue.

I see a bad precedent coming if the court agrees with them, but even more problems if they don't.

[LuckySevens4U]

This is actually good news in a way, BUT if the FDA does get control over ciggys with the new law, then we could be screwed. I agree that they don't have the right currently.