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

[MaDPimP]

The Docket Sheet again shows no movement today. Sure is a lot of dust building up on this file. But a ruling on this Motion will come.
　
Sun

The question is sun, will any of us still be alive to read it when it finally does? quite frankly it seems like the decision is going to be coming out sometime between now and the end of time as we know it....

[Sky-Guy]

LOL @ lotus14... hey, pass the popcorn...

[catwoman19]

Umm...you might wanna just stop reading it then.

After the ruling there will be countless posts about what it means and how the appeal(s) stack up and when and the new lawsuits challenging FDA regulations yet to come and...

KudosMy sentiments exactly. Thank you Sun

[windpath]

Thx for another update Sun, I check every day with the hope of some new info. For those who want the thread and this issue to go away forget about it.... Whatever the ruling is will be appealed, and if Sun is kind enough to keep monitoring the status for us this may end up the longest thread in history

[PhiHalcyon]

You seem to feel that all consumers are mindless idiots, in an information vacuum. Lets not even talk about the non-add based information available on the internet which the FDA CAN NOT remove. You also seem to be forgetting about word of mouth which is still a very powerful consumer tool. Just because a company can not make heath claims about its product does not mean that the heath claims will not exist and be spread to other consumers. The FDA would not be able to stop me from stating to friends and family that I can now breath better, have more energy, etc.... and it was all from switching to the e-cig.

I hate to point fingers PhiHalcyon, but you seem to be a very, glass is half empty kind of person.

It is the belief that you can tell a consumer what is in the e-liquid without implicitly representing what is not in the e-liquid that is born of the belief in the idiocy of consumers.

As for your 'half-empty' appraisal, reality tends to be a binary is/not proposition. So, I see the glass as empty in regards to the commercial ecig continuing, and full in regards to our ability to improvise.

[jerrydon10]

It is the belief that you can tell a consumer what is in the e-liquid without implicitly representing what is not in the e-liquid that is born of the belief in the idiocy of consumers.

As for your 'half-empty' appraisal, reality tends to be a binary is/not proposition. So, I see the glass as empty in regards to the commercial ecig continuing, and full in regards to our ability to improvise.

Phi, do you suffer from a logic problem? Telling a person everything that is in a solution automatically allows him to presume what is NOT in the solution. That's called common sense.

And your perception of reality is way out of sinc with reality. Reality is how the judge rules. period.

[Sun Vaporer]

Thx for another update Sun, I check every day with the hope of some new info. For those who want the thread and this issue to go away forget about it.... Whatever the ruling is will be appealed, and if Sun is kind enough to keep monitoring the status for us this may end up the longest thread in history

This thread has now passed the quarter million mark on views and although costly to keep going, it is not going anywhere. That includes tracking the case though the Appeals process. So no need to worry about that.

Enjoy to all,
　
Sun

[PhiHalcyon]

Phi, do you suffer from a logic problem? Telling a person everything that is in a solution automatically allows him to presume what is NOT in the solution. That's called common sense.

And your perception of reality is way out of sinc with reality. Reality is how the judge rules. period.

That presumption is what an implicit representation is, and an implicit representation has the same legal effect as an explicit one. So, no logic problem here.

Furthermore, if reality is yet to be determined (i.e., by the Judges' ruling), then you must obviously be unable to assess the accuracy of my perception.

[dgnrit]

Hello everyone,

I have been following this thread for several weeks now. Just picked up my VP2 and have become a vaping apostle. The witnessing begins at 9:00AM, Noon, and 2:00PM every week day!

The discussion appears to hinge on the e-cigarette being labeled as a drug delivery system or a tobacco product. Well there is a catch. I work for a company which administers IRS section 125 cafeteria plans. If the FDA successfully labels the e-cigarette as a drug delivery system wouldn't the e-cig become a medically prescribed device. The tax laws regarding medical devices dictates the e-cigarette would not be taxable and if the e-liquid is considered a drug and not a tobacco product it would follow that a prescription would be necessary and the liquid would be tax free.

You can always find a doctor to prescribe anything, so it just becomes a matter of drug seeking until you find a doctor who is willing to prescribe the devices and the nicotine juice as an alternative to consuming tar, carcinogens, and stinking up his or her office.

I have a hard time seeing the government passing up the ability to tax the e-cigarette and the nicotine liquid. Making e-cigarettes and the nicotine juice outright illegal would require nicotine to be scheduled as a controlled substance and therefore make tobacco illegal.

This is all unsupported speculation but I think the tax angle is really going to limit what the FDA can do with any of this. After all is said and done, the IRS is a much bigger bully on the playground than the FDA.

[mudmanc4]

Again, thx to Sun ,and the rest that have diligently placed the necessary Legal information in this thread.

I have been tracking this thread for a while now, but I haven't taken the time to read in completion, as there are several pages of tripe (some of which has since been removed for obvious reason ) , so forgive me if I should already know this, my question is in regards to Judge Leon.

I could look through countless pages / sites , study the general consensus of the Judges past findings in just as many cases, instead, I'm asking if we have a general idea of his disposition in the court room. In other words , what is he like, what , as a rule direction does he tend to lean in his judgements. This might be a much too general question, but I think it's relevant to this case., or I should say food for thought. For no other reason then to presume, assume, and entirely collect thoughts that could and surely be entirely mislead by personal opinion of his general track record.