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

[Sun Vaporer]

To me, the lengthy delay gives a strong hope that the parties are talking in the background and the judge is delaying the ruling until they've finished their discussions.

Angela--if that was the case, I do not think Counsel for SE would have posted the other day. I do think they want the true legal scope defined so everyone knows their footing.


Sun

[AngusATAT]

Something must be going on for this to drag on as long as it is.

I just wonder what it is.

[Legal One]

no ruling as of the time of this post

[PLSChows]

Thanx Sun and Legal One for keeping us updated. I can't imagine how much more frustrated I'd be right now if it weren't for you guys keeping us up to date on what's really going on.

[Vocalek]

There are only two choices. The notion that tobacco-derived nicotine (along with trace amounts of TSNAs and other alkaloids) is not derived from tobacco is no less untenable than the notion that nicotine is not a drug.

Nicotine wasn't considered a "drug" until some pharma company figured out they could make money on it. Then FDA declared it a drug. We have lots of other plant extracts that are helpful, that have not (yet) been declared a drug. Bromelain is the first that comes to mind. It is an extract of pineapple, functions as an excellent anti-inflammatory and pain reliever. (Don't tell big pharma, because they will want to have the food supplement version of it pulled off the market until they (big pharma) can run the tests and release it as a prescription medication.) I'm surprised that big pharma hasn't tried to get aloe vera declared a prescription drug.

[callousparade]

the notion that nicotine is not a drug.

well the federal district courts have precedent that nicotine is, in fact, not a drug. It fails to meet the legal definition: a chemical used to treat, diagnose, or cure a disease or a chemical that alters any function or process of the body.

[PhiHalcyon]

Nicotine wasn't considered a "drug" until some pharma company figured out they could make money on it. Then FDA declared it a drug. We have lots of other plant extracts that are helpful, that have not (yet) been declared a drug. Bromelain is the first that comes to mind. It is an extract of pineapple, functions as an excellent anti-inflammatory and pain reliever. (Don't tell big pharma, because they will want to have the food supplement version of it pulled off the market until they (big pharma) can run the tests and release it as a prescription medication.) I'm surprised that big pharma hasn't tried to get aloe vera declared a prescription drug.

Actually, it was in 1996 that the FDA decided to declare nicotine a drug in its attempt to regulate tobacco products. The four dissenting Justices in the Brown case agreed with the FDA position, and the majority did not refute it (in terms of whether or not nicotine was a drug). Nonetheless, as you may already know, I contend that it will be difficult for the FDA to regulate the ecig as a drug; and therefore, do not believe that this will be the outcome.

[FUMA king]

SUN thank you so much for all your hard work and keepin us (the masses) up to date on things as I follow this very close.

You know it is a funny thing, the law, it is all in definitions! Also to you can never say never and never say always.

So no matter what the outcome is either way it will force changes in our industry regardless, I think .........

It is comforting to hear everyone one on the boards here sharing thoughts and insights. In the end we will know when we know as SUN has said so many times.

If it takes time then it is not an open and shut case, this is good thing I think, but it does not mean things are going to g the way we want it too ........ Freedom for Vapers!

I hope the judge has the wisdom to see what we are doing with E's is a much better solution over analogs for society. We are not the evil people here and give us a clear path forward that is achiveable.

California's Gov. sees it and it seems Judge Leon is a wise man too, now it is time to find out!

FUMA for Life .......

[PhiHalcyon]

I hope the judge has the wisdom to see what we are doing with E's is a much better solution over analogs for society. We are not the evil people here and give us a clear path forward that is achiveable.

Well said. And that clear path is called Modified Risk Tobacco Product. It's not really so complicated, and there is even a conditional provision for such a product to be marketed before it receives final approval.

[LameBMX]

It would be nice if the judge was just like;

"Its a different cigarette, and the FDA should treat them as a tobacco cigarette until testing determines they are as dangerous or more dangerous than cigarettes."