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

[Sun Vaporer]

Actually Sun SE does sell e-liquid and pre-filled carts. I have one of their e-liquids right next to me actually, Med Vanilla flavored.

Lady--that is something that the SE allowed its vendors to do because of the de-facto ban they are incuring to stay alive as their cartridges were not getting through. You have to keep up with how the case progresses. SE's business model was to and still is to sell pre-filled cartridges.


Sun

[Sparky400]

NJOY announced today that it will no longer sell any flavors in the US market except for tobacco and menthol. But again another stride by them to conform to upcoming mandated regulation?


See their press release NJOY to Discontinue Flavors, Takes Additional Steps to Prevent Underage Electronic Cigarette Use


It is all about Kids--our health and well being takes second chair.

Sun

Well this is disappointing, but may suggest the direction for the ruling. Thanks for posting it Sun.

I am a bit miffed though and sorry to go OT about it.

Can anyone here please point me to even a shred of data that suggestions that fruit, candy, french onion dip or whatever flavors are available encourage minors to start smoking / vaping? I am tired of hearing this argument and not once seeing a study or report cited where this conclusion was drawn.

The only data I saw in the press release was "the average combustible tobacco cigarette smoker begins at the age of 13, and 90 percent start before they turn 18 years old." Never have I seen a statistical line drawn between this age range and flavors.

Thanks..

[ladysolitary85]

Lady--that is something that the SE allowed its vendors to do because of the de-facto ban they are incuring to stay alive as their cartridges were not getting through. You have to keep up with how the case progresses. SE's business model was to and still is to sell pre-filled cartridges.


Sun

ok that makes sense

Still upsets me that NJoy is backing down with the flavors.....

[Thulium]

Thulium, they would have to ask for a stay of the case pending settlement negotiations, which they have not to hold the Judge's ruling up. But even more to the point is that Legal One stated that there are no negotiations going on and they were waiting for the ruling to be released.


Sun

I suppose that makes sense, but it leads me to another possibility. The FDA's case is centered around the fact that SmokingEverywhere did not submit their products for FDA approval as a new *whatever*...but the FDA has not actually provided an approval process since their jurisdiction over tobacco products began after the embarko began.

Do you think that Judge Leon has ruled that the FDA has jurisdiction over e-cigarettes as a tobacco product, but is withholding his ruling to allow the FDA time to draft regulations?

[ladysolitary85]

I suppose that makes sense, but it leads me to another possibility. The FDA's case is centered around the fact that SmokingEverywhere did not submit their products for FDA approval as a new *whatever*...but the FDA has not actually provided an approval process since their jurisdiction over tobacco products began after the embarko began.

Do you think that Judge Leon has ruled that the FDA has jurisdiction over e-cigarettes as a tobacco product, but is withholding his ruling to allow the FDA time to draft regulations?

Now that's a scary thought

[brandeeashlynn]

would ry4 be considered as a tobacco like flavor? if not i guess i better stock up on that one.

[JerryRM]

would ry4 be considered as a tobacco like flavor? if not i guess i better stock up on that one.

RY4 has a caramel flavor, so it would probably be considered candy.

I'm beginning to think that we are talking to a brick wall. They don't want to hear anything good about e-cigs. They are like the three monkeys, "hear no evil, see no evil, speak no evil", but in the anti-smoker/vapers case it's "hear no good, see no good, speak no good"

[Sun Vaporer]

Again the Docket is cold as ice and the Judge still deems it not appropriate, for what ever reason he has, not to release his decision. The wait continues.



Sun

[CJsKee]

Well this is disappointing, but may suggest the direction for the ruling. Thanks for posting it Sun.

I am a bit miffed though and sorry to go OT about it.

Can anyone here please point me to even a shred of data that suggestions that fruit, candy, french onion dip or whatever flavors are available encourage minors to start smoking / vaping? I am tired of hearing this argument and not once seeing a study or report cited where this conclusion was drawn.

The only data I saw in the press release was "the average combustible tobacco cigarette smoker begins at the age of 13, and 90 percent start before they turn 18 years old." Never have I seen a statistical line drawn between this age range and flavors.

Thanks..

I don't think anyone could supply that evidence...I don't think it exists! IMO it is part of the anti's (commie) plot and is used in place of science and common sense. It's all part of the "Let's Denormalize Smokers" game.

I have to say that I don't look at what NJoy is doing as a bad thing. It's just a business move, and a fairly smart one. Kind of blows the "flavors targeting kids" argument all to hell .

[Paranoyed]

How about making them pucker liquor flavored. This way they are still candy flavored but are based on alcoholic drinks which we all know are not targeted at children.