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

[yvilla]

Can you please stop asserting that the ecig is a drug/drug product and then building your argument on that when the very item in question for this case is whether or not the ecig is a drug/drug product? It's circular.

Absolutely!

[Sun Vaporer]

Again there was no movement today on the Docket Sheet. So we wait. The Court will be closed this Thursday for the holiday.


Sun

[Slickstick]

And you know darn well I have already presented very strong arguments earlier in this thread that your reading of this provision is simply incorrect as well.

l l l l lol

[Sun Vaporer]

So if the argument comes down to the e-cig user determining their own dosage of juice, what's the difference between that, and a person applying multi nicotine patches or 10 pieces of nicotine gum?

Just--I do not really think that the "dose" at this point in time is really relevenat to the instant case--it may be if and when so form of regulation is mandated.


Sun

[yvilla]

And you know darn well I have already presented very strong arguments earlier in this thread that your reading of this provision is simply incorrect as well.

l l l l lol

Well for goodness sakes - even the FDA itself agrees with me on that one!

[derfvapor]

it makes me agravated that they want to do this when it can keep you healthy

[tvujec]

How are the potential side-effects of the long-term use of the ecig going to find themselves on the warning label if the studies which reveal those potential side effects have not first been done?

This is exactly where I think we disagree. While both of us presumably want pure e-liquid, with proper description of ingredients, I don't think that I'd expect a study on the long term effects. I could want one, but as long as I don't have the same type of study done for every brand of coffee and soda containing caffeine the requirement would be unreasonable. Remember, caffeine and nicotine might as well be very different when it come to their addictiveness, but that never drives FDA regulation as they are both drugs because they are stimulants of the similar impact strength. Addictive substances do get regulated, but FDA is usually not directly involved in that type of process.

[derfvapor]

very very true i agree but is there any hope for the pv too stay on the market or for it too not be banned

[tvujec]

So, yes, I agree that the ecig is as much a smoking replacement as it is a nicotine replacement product, but the current regulatory scheme leaves only the drug product classification available for it. And this really has nothing to do with intended use, but with the fact that selling nicotinated non-tobacco products is prohibited under the new Tobacco Control Act.

Rather than try to redefine the ecig into a legal category that does not exist, I believe it to be wiser to conform the ecig to the tobacco product classification. This is what I am personally working on; and it has the added benefit of delivering the full spectrum of tobacco alkaloids, rather than just nicotine.

We can let the ecig go to the drug product dungeon without losing the benefits that it has brought us. It's just going to take a little bit of time.

I loved this one, as I agree with all the points. It might indeed be wiser to conform the ecig to the tobacco product classification, however in ideal world that is not what ecig really is. Tobacco regulations exist because cigarettes are dangerous, and tobacco is a good source of tax income. In real world that'll mean ridiculous taxes, strong control of commerce and a lot of punitive elements on a product that might not be dangerous at all.
If not safe than at least safer than supersized fries or any sodas or salad dressings you'll find.

[Sun Vaporer]

very very true i agree but is there any hope for the pv too stay on the market or for it too not be banned

We will not know till the Judge rules and then, depending on the ruling, what the FDA will do. There is a change IMO that the PV could stay on the market, but it all depends on the ruling and how the parties play it out. Only time will tell.


Sun