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

[vaprfan]

the parties can want whatever they want. the judge isn't going to be bullied bc the parties are impatient and "deserve" a ruling.

and besides, trust me SE, other than their lawyers, is happy with the status quo.

and if i am not correct. then why has the judge not ruled yet? some of your thoughts would be correct if this was state court, but its not, it's Federal Court and federal court judges are a different breed.

respectfully,

Vaprfan Esq.

[Sun Vaporer]

the parties can want whatever they want. the judge isn't going to be bullied bc the parties are impatient and "deserve" a ruling.

and besides, trust me SE, other than their lawyers, is happy with the status quo.

and if i am not correct. then why has the judge not ruled yet? some of your thoughts would be correct if this was state court, but its not, it's Federal Court and federal court judges are a different breed.

respectfully,

Vaprfan Esq.

I am well aware of the difference--30 years aware of Federal Courts--and here no one is correct, they just have opinions. The only one that is and will be correct is going to be the Appeals Court.


Sun

[bensteffen23]

I think they should put the appeals on CSPAN

[River]

Since I am new to this can anyone boil it down to me, not really the case but more like, Yes Riv, sell the playstation and anything else that's not nailed down and buy $1000 bucks worth of hardware and liquids before it is too late.

I'm kinda sweating this decision because I just quit smoking a couple of months ago using a 510 and I really don't want to go back to tobacco.

This is some scary stuff.

[ChipCurtis]

Since I am new to this can anyone boil it down to me, not really the case but more like, Yes Riv, sell the playstation and anything else that's not nailed down and buy $1000 bucks worth of hardware and liquids before it is too late.

I'm kinda sweating this decision because I just quit smoking a couple of months ago using a 510 and I really don't want to go back to tobacco.

This is some scary stuff.

I've said this elsewhere in various threads here, bottom line: don't worry too much about it to stock up to ridiculous levels. Stocking up for a couple years is not unreasonable. You'll only need about a dozen attys and batteries, and about 2 yrs of liquid (which has a shelf life of 2 years anyway). Myself, I stocked up about 8 months of liquids but am looking to buy more in the coming few months. The e-cig technology might be much improved in only a year's time, and you'll want to buy some of the newer models.

So, don't sell yourself short and make distributors rich over a panic. Whatever happens in the law, we'll still be able to vape. Supplies will flow either above or below the radar. It won't make you a criminal. If you get caught doing it where you're not supposed to, the most you face is a $25 fine or something like that.

Most of the supplies needed to vape are and will be legal anyway. The idea of batteries, attys and cartridges being confiscated as 'drug paraphanalia' ain't gonna happen. Just look at what can be sold in 'head-shops' all over the country. As for liquids, only the nicotine is a problem. You can get PG and VG over the counter and it's legal, so are flavorings. Nicotine, however, can be extracted from other legal products such as snus, gums, patches, and inhalers.

In other words, everything you'll need to vape will be legal even if a ban goes through. What will be considered 'contraband' is the whole thing being sold as a kit (as it is now). If we divide everything up into individual parts, they'll all be legal as sold individually. That includes both the hardware and the component liquids needed to make e-juice.

[Minimike]

Isn't an appeal only on procedure, not facts? The Appeals Court will only rule on court procedures being correct or not - not retry the case.

I don't think Judge Leon is fretting over his decision, but perhaps is concerned about his procedure.

[Neon]

Good answer chipcurtis, I agree %100, there is no real reason to panic over this, i mean considering the money that the FDA would lose should the ban go through...it wouldnt be a smart move in my opinion. Now , that being said, I do have a two yaer supply as well, but its more for convinience sake and having that extra atty should one one my fellow vapers have a breakdown, but not because of all the hype.

Neon.

[hoogie76]

Another lurker speaking up a bit..

There was a thought before that the delay may have been based on the FDA comment acceptance period that expired in December.

Is it possible that now that the accepting of comments is over that there is a compilation of data type delay where they have a time frame to submit the results?

Hoog

[ryanSTi]

I am well aware of the difference--30 years aware of Federal Courts--and here no one is correct, they just have opinions. The only one that is and will be correct is going to be the Appeals Court.


Sun

Hypothetically speaking, if the ruling comes out tomorrow and there is an outright ban on all e-cigarette import and sales in the US, how long before that would be in effect? Would we have a couple days/weeks/months to order from our favorite supplier/China?

[Sun Vaporer]

Isn't an appeal only on procedure, not facts? The Appeals Court will only rule on court procedures being correct or not - not retry the case.

I don't think Judge Leon is fretting over his decision, but perhaps is concerned about his procedure.

Mike---Appeals Courts do not revist facts usually, but they sure do rule on law and this is what this is all about--interperation of the law.

Sun