Docket Update July 10, 2009---The FDA Replies

**drdave** · 07-10-2009, 01:37 PM

Its always a measure/countermeasure with the feds in just about everything. I think the states should just do what California did with medical ........, tell the feds to shove it in their pie hole and do what the hell they want.

**DyZiE** · 07-10-2009, 03:21 PM

Originally Posted by drdave

Its always a measure/countermeasure with the feds in just about everything. I think the states should just do what California did with medical ........, tell the feds to shove it in their pie hole and do what the hell they want.

problem with that is here in california as in any medical ......... friendly state we (the state/user/both depending of law) grow our own. and since all you need is a paper or some other legal tobacco delivery device approving per state medical ......... is easy. if states were to try to do the same with e-cigarettes you would need an in state producer of the e-juice, and PV. not to mention that by the time any state could get throu the long and aggrevating process of passing a new law the FDA would be long done with their medical delivery device approval process and regulating e-cigarettes as they see fit.

i belive it took 20 yrs after ......... prohibition started before there were any medical ......... bills even looked at twice.

i think its time to treat my nausea

**halopunker** · 07-10-2009, 08:56 PM

Today is the day.../waits patiently to hear response.

**techtravis** · 07-10-2009, 11:51 PM

Strange nothing yet from Sun. Hope she didn't get bad news about the e-cig and jump off a bridge!

**LaceyUnderall** · 07-10-2009, 11:55 PM

Originally Posted by techtravis

Strange nothing yet from Sun. Hope she didn't get bad news about the e-cig and jump off a bridge!

Sun's a he

**Sun Vaporer** · 07-11-2009, 12:09 AM

Today the FDA did in fact file its Reply Brief to SE’s and NJOY’s Supplemental Briefs.
　
The FDA argued under the Federal Food, Drug, and Cosmetic Act ("FDCA"), the new law expands FDA’s jurisdiction by granting it the authority to regulate additional nicotine- and tobacco-containing products that previously were not within FDA’s jurisdiction.

It is now in the hands of Judge Leon for a ruling........................Sun
　

**TheIllustratedMan** · 07-11-2009, 12:14 AM

So the FDA just officially declared that the e-cigarette does not fall under the new law? To them it still falls under their old jurisdiction?

At least now they can't try to use the new law to institute an out-right ban. They're back to the old "it's unapproved, get it approved" stance.

That's good, right?

**OutWest** · 07-11-2009, 12:14 AM

So, I gotta ask - what do they mean by "the surrounding circumstances of the sales" ? That the salesperson said you could use it to quit, that the consumer sought it out because they wanted to quit, or something else?