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

[Territoo]

Whoooooo...hoooooooooooooooooo! I'm doing the happy dance, smiling around the Protoge on my lips.

I second what Webby says...the work isn't yet done. At least we will have the opportunity to do the work now, and be able to vape as we do it.

Thanks Sun, Legal one!!!

[ryanSTi]

Happy Dancing Over HERE!!! I'm gonna vape up over here in celebration! This is sooo awesome! I am soo excited! I really though that after 2 months off cigarettes, I'd have to go back and for now I don't have to! Yip-EEE!

And thank you SUN! You have kept us updated and answered many a question that has such a strong significance to us all!

Also, Cashmere asked if her shipment that was destroyed that cost over $20,000 would be reimbursed as there was no legal reason to do so, as they are not DRUG DELIVERY DEVICES!

OMG! YIPPPEEEE!

LOL, I feel like a kid in a candy store! Time for some big sales to flaunt in the FDA & Customs FACES! AARRRGGGHHH-HAAAAA

[River]

Amazing news!!!
Time to break open a bottle of whisky
Canadian Club or Glenmorangie?

No Bourbon? maybe a nice Woodford Reserve or perhaps Basil Hayden's small batch? tsk, tsk... Come on folks keep my neighbors working please since tobacco won't be doing it if we have anything to say about it .

Glad to see a small victory we may make it through this after all.

Thanks for the work you folks have put in to keep us updated on this issue.

[DaBrat]

OMG I thought it was some cruel joke!!! Yes! Thank you, Honorable Judge Leon! Thank you Sun and Legal One. Thank you ECF!! Whoo I could kiss you all!!!!! ROFL!

I really expected the worst from this ruling and was prepared for men in dark suits to bring my next shipment... or not!

[Webby]

I'm already drafting a letter to Customs requesting status on the return of three of my shipments at this very moment!!!

[Caesarea]

Thanks to svtboosted for the full text of the ruling

https://ecf.dcd.uscourts.gov/cgi-bin...?2009cv0771-54

C.

[CaSHMeRe]

I'm already drafting a letter to Customs requesting status on the return of three of my shipments at this very moment!!!

+1 ... My Broker is on this like Eliquid to a PV Should see some sort of results within 24 hours! Will keep everyone posted!

[Sun Vaporer]

A brilliant move by Judge Leon holding that Smoking Everywhere's marketing material actually, to him, showed that the intended use of the product was to promote the use rather than treat or mitigate, thereby not rendering the e-cig a drug in the eyes of the law for jurisdictional purposes for the FDA, and saved the day.

Wheather it will hold up on Appeal is not known--but it sure is brilliant and our hats should go off to his Legal Clerks and the Judge for this "first round" win.


Sun

[JerryRM]

IMHO, what I gather from Judge Leon's ruling, is that if the e-cig had been a smoking cessation device, it may have qualified to be a drug/delivery device. He ruled that it is a smoking device and therefore a tobacco product.

Many of us, including myself have stated that the e-cig helped us to quit smoking. In the future, it may be a good idea to say that "we switched from cigarettes to e-cigarettes", rather than we "quit smoking cigarettes".

I'm not an expert in these matters, so feel free to correct me if this is wrong.

[Kate51]

Would someone declare this a day of VAPING please? Jan 14 twentyten. And, I will vote YES to the Woodford Reserve! Deference to personal preferences, of course. (Maybe I'd better just stick to my 100% Columbian.)