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

[Sun Vaporer]

ahhhhhh, so my water pipe argument actually helps the FDA's point.

oops

The water pipe argument is in a whole other section of case law then what is being argued here. Even SE and NJOY conceed that issue. It is too bad the E-Cig manufactures did not think this out better a long time ago. But hindsight is 20/20-----Sun

[Mac]

So if the judge rules against SE will this become law or will it still be a gray area under which they can be openly sold but are difficult to import as the case goes through an appeals process?

[iduditz]

And the intended use of crack pipes?! The problem with the ecigs is that they 1) look like cigarettes, 2) come with nicotine liquid included

[Wally]

Is nicotine itself, sold separately (from a delivery device) and sold with no claims made for it (use, benefit, etc.), regulated by the FDA? Is it a scheduled drug?

[Sun Vaporer]

So if the judge rules against SE will this become law or will it still be a gray area under which they can be openly sold but are difficult to import as the case goes through an appeals process?

If Judge Leon holds for the FDA, it will confirm the power the FDA --to ban the importation, sale, and marketing of e-cigs until they go though the entire application and approval process and then only if they are in fact approved by the FDA. A stay pending an appeal is very rare in a case where the FDA is involved.

Is nicotine itself, sold separately (from a delivery device) and sold with no claims made for it (use, benefit, etc.), regulated by the FDA? Is it a scheduled drug?

When used for human consuption, nicotine is considered a drug subject to FDA mantates.


Sun

[jaja87]

how long do you think it will take for the judge to make a ruling?

[Sun Vaporer]

how long do you think it will take for the judge to make a ruling?

Jaja--by the end of the month is a reasonable expectation.


Sun

[Dorian_Gray]

Before the end of the month would be a very reasonable estimate.----Sun

Plenty of time for them to receive their bribes from the bad guys

[Sun Vaporer]

Plenty of time for them to receive their bribes from the bad guys

Dorian--talking about anyone taking a bribe in a Federal Court where Judge Leon presides is just not realisitic and lacks merit---maybe in some move, but not here in the real world and not in his courtroom.

Sun

[Dorian_Gray]

Sun,
Not meant literally. Just a comment on the state of affairs.

To paraphrase Aristotle (I believe in the Nichomachean ethics, but could be wrong) The only good monarch (read that politician) is one who does not wish to be one.