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

[Dankery]

my point was there is no way they can say an e-cig is a "drug delivery system" because there is no reason it is but what the end-user does with it. people smoke crack with a glass tube and some brillo pad, do you think they would outlaw the brillo pad?

[Sun Vaporer]

my point was there is no way they can say an e-cig is a "drug delivery system" because there is no reason it is but what the end-user does with it. people smoke crack with a glass tube and some brillo pad, do you think they would outlaw the brillo pad?

Dankery--"They" -meaning the FDA already did say the e-cig is a "drug delivery system" --now lets see what Judge Leon thinks about it.


Sun

[JerryRM]

Sun, correct me if I'm wrong, but it's all about "intended use". The intended use of a Brillo pad is to scrub pots and pans not to inhale crack, but the intended use of an e-cig is to vaporize nicotine for inhalation. Nicotine is a drug, therefore the e-cig is a drug delivery system.

The Judge Leon cartoons were great.

[Sun Vaporer]

Sun, correct me if I'm wrong, but it's all about "intended use". The intended use of a Brillo pad is to scrub pots and pans not to inhale crack, but the intended use of an e-cig is to vaporize nicotine for inhalation. Nicotine is a drug, therefore the e-cig is a drug delivery system.

The Judge Leon cartoons were great.

Thanks Jerry--they were fun to do. A little humor in here is well needed.

Yes the intended use is the key---you see the problem here is that these two Plaintiff's, SE and NJOY do not sell blank cartridges or e-liquid. Rather they sell prefilled cartridges. So, as the argument goes from the FDA, you need the e-cig to vaporize their pre-filled cartridges that are proprietary
to their units. That is what the FDA is arguing--it is those pre-filled carts that the FDA is hanging its had on strongly to say the e-cig is the drug delivery device of those cartridges.

Sun

[JerryRM]

Thanks Jerry--they were fun to do. A little humor in here is well needed.

Yes the intended use is the key---you see the problem here is that these two Plaintiff's, SE and NJOY do not sell blank cartridges or e-liquid. Rather they sell prefilled cartridges. So, as the argument goes from the FDA, you need the e-cig to vaporize their pre-filled cartridges that are proprietary
to their units. That is what the FDA is arguing--it is those pre-filled carts that the FDA is hanging its had on strongly to say the e-cig is the drug delivery device of those cartridges.

Sun

So, if I understand correctly, only those companies that sell the whole package, including proprietary, pre-filled cartridges will be affected by this rulling? Those companies that sell "generic" e-cigs, that can use blank cartridges that the user can fill himself will not be affected, or will they?

Example, my KR808D-1 cartomizer will be affected, but my Joye 510 will not, because I can use either the 510 or DSE 901 blank cartridge with it and refill it myself.

[Sun Vaporer]

So, if I understand correctly, only those companies that sell the whole package, including proprietary, pre-filled cartridges will be affected by this rulling? Those companies that sell "generic" e-cigs, that can use blank cartridges that the user can fill himself will not be affected, or will they?

Example, my KR808D-1 cartomizer will be affected, but my Joye 510 will not, because I can use either the 510 or DSE 901 blank cartridge with it and refill it myself.

Jerry--not really--the ruling will effect all e-cigs. No matter what way the Judge rules, there will be regulations. A ruling of a drug and drug delivery device would be devistating to the industry due to the time it takes to make application and gain FDA approval. So this is the case, --the one and only case that will decide the future of e-cigs.


Sun

[crazybry79]

Yes the intended use is the key---

Sun

Well...on that note.....
Come on over and visit my "new" website! I'm selling misquito repellers! They look just like a Joye 510, but these are intended to be used by wraping your mouth around the battery/atomizer conection and blowing into the unit - this creates a small plume of vapor out of the end that repels misquitos and right wing liberals. This product is deemed to be ineffective against almost all misquitos, and actually attracts liberals and non smoking nazi's, but its still fun to use!

Disclaimer: By NO means, should anyone even fathom the conccept of inhaling this nicotine laden vapor! Its not what it's intended for, you silly smoker!

Lol...sorry about the liberal slamming....nothing meant by it just trying for a laugh.

On a side note...what's really funny is that all of you are now TRYING to blow in the attomizer/batt conection!

[Krakkan]

I do not know of anyone that would be privy to that information. Furthermore there is no way of knowing how and when NJOY and SE have been obtaining their inventroy since April. There is a lot of speculation, but nothing we can hang our hat on.

Sun

Well SE just set up a new Kiosk in my local mall where I sell the Dragons Ecigs at and they are stocked up for sure something is a foot.

[oldlady]

Okay, I just bought a boatload of stuff! I am brand new to e-vaping or whatever. I just got a starter kit last week. After reading this thread, I went online first thing and ordered 6 bottles of 30 ml juice, 4 bottles of 10 ml juice, batteries, catomizers, chargers, etc...

If the ruling comes down today will orders placed prior to the ruling be affected?

If the ruling comes down today will the ban become effective immediately, or will the suppliers be able to motion to continue operations pending appeal?

[SmokeyJoe]

Hi Oldlady, and welcome!

The simple fact is that no-one knows. It's been a real roller-coaster ride since this court case started, with all kinds of speculation going this way and that, but in the end, it's all down to the Judge.

It would be a terrible shame if there was a ban, but my suggestion is to carry on regardless. The longer you are free from tobacco smoke the better.

If a ban were enforced today - I'm fairly sure that you'd still receive your order, but I don't know. You shouldn't lose any money, though, if your order were cancelled.