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

[Sun Vaporer]

Smoking Everywhere is doing just fine. They've continued to receive products and have not stopped ordering from manufacturers. They had several thousand starter kits seized and something in line with one or two hundred thousand cartridges (they only need a few retail sales at a kiosk to pay this off ). Their continued success is evidenced through their heavy advertising across the internet- I've seen their ads on a number of sites now, ones not even e-cigarette related... They've got plenty of money to spend, and don't show any sign of slowing down.

Well Ben, then if that is the case, they just lied to a Fedreal Court Judge---something that you really never want to do as the consiquenses are grave for something like that. I truly find it hard to belief that Counsel for SE would advance something like that and, I for one, do not buy that. Counsel for SE is not going to make misrepresentations to the Court like this or allow their client to state to the Court anything that is not true.

SE stated in their Brief that, absent swift action, that SE would go bankrupt and this case would be rendered moot. I would take this representation to the Court as being accurate.

Sun

[LaceyUnderall]

Smoking Everywhere is doing just fine. They've continued to receive products and have not stopped ordering from manufacturers. They had several thousand starter kits seized and something in line with one or two hundred thousand cartridges (they only need a few retail sales at a kiosk to pay this off ). Their continued success is evidenced through their heavy advertising across the internet- I've seen their ads on a number of sites now, ones not even e-cigarette related... They've got plenty of money to spend, and don't show any sign of slowing down.

If we go back to discussions oh lord... I would say in January/February... the "rumor" was that SE had a Florida warehouse jam packed full of stock. We are talking thousands and tens of thousands of square feet. It is entirely possible that they have not received shipment since their legal troubles started.

I know for fact that several kiosk owners, back in May/June, who were selling SE product, were looking for new product as they were told by SE that they weren't able to get more product in and that they should find product elsewhere. That's why many SE kiosks either shut down or switched over to Smoking Anywhere (51), an entirely different company, but often confused with SE.

There may have been enough of a drop off of distributors opening up their ability to direct sell their product and considering the issues that come with dispersing quality knowledge to all of those sub-sellers, it was an excellent move considering the "marketing and claims" issues we all know about.

DISCLAIMER: This is all speculation regarding what I have heard, what I know and what I think. It isn't the truth. It isn't 100% correct... (then again maybe it is... who knows...) Either way... I just wanted to respond to your speculation.

[Vocalek]

At the bottom of the story, next to the last sentence, there is an icon that looks like a sheet of paper. If you click the icon, the PDF version of the complaint opens.

Basically, the guy's "injury" was that 8-12 months ago he paid "approximately $60-75" for the product, used it "as directed," and then learned in July 2009 that "Defendant's products contain toxins and carcinogens."

"Plaintiff has suffered injury in fact and lost money and property as a result of Defendant's alleged misconduct. He has been injured in the amount he paid for the products."

I did not see any indication in the complaint that he contacted SE and asked for his money back.

If he used the product as directed, how in the world did he get a 8-12 months worth of use out of a total expenditure of less than $75?

I suspect he bought it, used it once or twice, set it aside and then suddenly saw $$$ when he read about FDA's testing.

[Sun Vaporer]

There was no "Speculation" in SE's representation to the Court---it is right there in the pleading signed by Counsel---so that is what I would go by as fact. Counsel is not going to fabricate a lie to the Court.


Sun

[LaceyUnderall]

Basically, the guy's "injury" was that 8-12 months ago he paid "approximately $60-75" for the product, used it "as directed," and then learned in July 2009 that "Defendant's products contain toxins and carcinogens."

LegalOne: This is to you: I would question where in the world this guy got an SE kit for $60-$75 bucks as 8-12 months ago, the SE product was not sold at kiosks for under $150.

[maddcatt1]

Looks to me like just another example of the FDA's BS report and someone looking to make some money back on there over priced SE product purchase.

[MaDPimP]

oh the joys of the american legal system!

[Sun Vaporer]

Welcome to October and here we are with no movement on the Docket Sheet today. SE's filing makes it clear that a ruling on their request for a Preliminary Injuction is now in order before SE goes under.



Sun

[TWISTED VICTOR]

Welcome to October and here we are with no movement on the Docket Sheet today. SE's filing makes it clear that a ruling on their request for a Preliminary Injuction is now in order before SE goes under.



Sun

Thought I might add, just for giggles, I got suckered into their 14-day trial 1 DAY before I found you guys (boy did I learn alot) and returned it as soon as I got it. They still charged my card for the kit, so I'm currently trying to get that straighted out. Long story short, SE isn't answering emails and as of today, not the phone either. Just a recording saying they're busy and to leave a messege. Significant? Possibly.

[TWISTED VICTOR]

Welcome to October and here we are with no movement on the Docket Sheet today. SE's filing makes it clear that a ruling on their request for a Preliminary Injuction is now in order before SE goes under.



Sun

SE isn't answering emails and as of today the phone, either. You just get a recording that they're busy and will call you.