Smoking Everywhere V. FDA Daily Docket Sheet Update--APPEAL's COURT ISSUES STAY

[Treece]

If the FDA were honest, it would be different, but the fact is they sent out a press release about e-cigs that was clearly meant to generate sensationalistic headlines based on something other than science.

Nine FDA scientists wrote a letter to President Obama in January, stating in no uncertain terms that they were being pressured to approve medical devices that they couldn't, in good conscience, approve. They were pressured by FDA management to LIE.

If the FDA isn't responsible, who is?

[eric]

Alright...don't get me wrong; I'm not unpatriotic. But since when has this country ever been the ideal you describe above

Read the Constitution and the Declaration of Independence. These ideals are written into what is supposed to be the highest standard for which American Law is to be compared.

It has been common practice in this country since its inception to legislate some small group's sense of morality to the entire population.

The religious are a lot more prominent than you believe. It's been said 80% of the world's people belong to one religion or another. This country's Law is based primarily on Judeo-Christian ideals because Judeo-Christians have always been the majority. It's Democracy, and it's a simple fact.

Ironic, since this country was supposedly founded on the "separation of Church and State."

Actually, the country wasn't founded on the "separate of Church and State." This is a quote from Thomas Jefferson, and was written into neither the Declaration of Independence nor the Constitution. Though, I'll admit I share Thomas Jefferson's sentiment.

If we'd been smart, we as a people would've demanded the "separation of Bank and State." It has always been about money, and it always will be.

You should read the biography of Andrew Jackson. He killed the bank. A great, great man.

___________

Anyway, to keep on the topic of this thread, I have a good feeling about this case. Sun, you seem to be growing wearier and wearier of the outcome, but I feel if it was going to backfire on us, the decision would have already been published. There is no reason for the honorable Judge to draw his decision out this long unless he is seriously considering a serious work-about here. I trust this honorable Judge to take the side of the Constitution and the people.

[Sun Vaporer]

Eric--that simply is not how I read this case. If you look at who is requesting what--the time frame is the key here.

SE and NJOY asked for injuctive relief 5 months ago. They have not received it yet. Since one of the key elements is "irreputable harm"---obvioulsy Judge Leon is not buying it or he would have acted on it and given the requested relief by now.

Judge Leon waited to see what the legislature would do with the new law regarding the FDA's jurisdiction over tobacco and now will rule under either that statutory scheme or the older one.

Sun

[eric]

Eric--that simply is not how I read this case. If you look at who is requesting what--the time frame is the key here.

SE and NJOY asked for injuctive relief 5 months ago. They have not received it yet. Since one of the key elements is "irreputable harm"---obvioulsy Judge Leon is not buying it or he would have acted on it and given the requested relief by now.

Judge Leon waited to see what the legislature would do with the new law regarding the FDA's jurisdiction over tobacco and now will rule under either that statutory scheme or the older one.

Sun

Yes, but the first 3 months were the Judge awaiting the inevitable Tobacco bill as it would no doubt change the course of the case. The past 2 months have been injunctions after motions, and finally, the leave for Leon's final decision. If they were not qualified for relief, he would have dismissed the case initially, wouldn't he? This is complicated territory he is treading. I believe PV's do, in fact, fall into a grey area, just as Extenz and 5-Hour Energy do. If there was not a non-0 chance he would rule in favor of SE/NJOY, I can only imagine he would have already passed his judgment.

[Sun Vaporer]

Yes, but the first 3 months were the Judge awaiting the inevitable Tobacco bill as it would no doubt change the course of the case. The past 2 months have been injunctions after motions, and finally, the leave for Leon's final decision. If they were not qualified for relief, he would have dismissed the case initially, wouldn't he? This is complicated territory he is treading. I believe PV's do, in fact, fall into a grey area, just as Extenz and 5-Hour Energy do. If there was not a non-0 chance he would rule in favor of SE/NJOY, I can only imagine he would have already passed his judgment.

Eric--all indicators to me, including many that are close to the case say we are going to take a hit and a hard one at that. So lets just wait and hope that is not the case.


Sun

[Sun Vaporer]

Again no movement on the Docket Sheet today. Both the SE's Motion in Opposition to ASH's filing and the main action of the Preliminary Injunction are still under advisment by Judge Leon.


Sun

[yvilla]

Eric--all indicators to me, including many that are close to the case say we are going to take a hit and a hard one at that. So lets just wait and hope that is not the case.


Sun

Who do you mean when you say many "close to the case" Sun? I ask because SE's lead counsel didn't seem to be feeling that way right after the most recent hearing.

Arguments just completed. Went well. No ruling for a few weeks no doubt. Was not a good day for FDA but it is not over until the Judge issues his ruling.

http://www.e-cigarette-forum.com/for...tml#post501113

[Sun Vaporer]

Yvilla--Great for Lead Counsel for SE. Hope he hits a home run for SE. I should add that there are 5 "Lead Counsels" for SE. Again lets see what Judge Leon says.


Sun

[yvilla]

Yvilla--Great for Lead Counsel for SE. Hope he hits a home run for SE. I should add that there are 5 "Lead Counsels" for SE. Again lets see what Judge Leon says.
Sun

You don't want to answer my question?

It was simply, when you say many "close to the case", who are you referring to?

[apljr85]

I've just started looking into this smoking alternative and was planning on ordering my first pv next week... Lets hope I can still order one, I'm rather eager to try it out.