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

[Our House]

Our House--Nicotine water does not derail the thread--to the contrary--Nicotine water is right on point as to where this case is headed.

Great! Then I'll repost my questions from the other thread:

Are you allowed to market a new brand of analog cigarette without going through the FDA approval process?

What about a new brand with one less known carcinogen?
Two less?
Ten less?
etc...

The main point is where is the line drawn between "cigarette" and "not cigarette"? Where would ecigs fit into this (if they are looking for classification as tobacco products)?

[miller]

All traditional cigarettes are now required to receive FDA approval. The controlling factor that distinguishes cigarettes from other "cigarette/ cigar products etc.) is the burning of tobacco, number of carcinogens is irrelevant.

[Sun Vaporer]

Great! Then I'll repost my questions from the other thread:

Are you allowed to market a new brand of analog cigarette without going through the FDA approval process?

What about a new brand with one less known carcinogen?
Two less?
Ten less?
etc...

The main point is where is the line drawn between "cigarette" and "not cigarette"? Where would ecigs fit into this (if they are looking for classification as tobacco products)?

New House--the cigarette was never under the guise of FDA jurisdiction until just a couple of months ago with the new legislation that passed. Before, they where regulated under specific Acts of Congress--not the FDA.

SE and NJOY are trying to argue that the e-cig is a tobacco product to avoid the jurisdiction of the FDA ----and that argurment did not work with nicotine water (nicolite) so there is no reason to think that it will work here.

Sun

[miller]

How would FDA jurisdiction be avoided considering the June 22 enactment of the family smoking prevention act? Ecig companies are looking at FDA jurisdiction, the only question is which standard of regulation will be applied to ecig companies; drug&devices or tobacco?

[miller]

Sun,

the issue of nicotine water didn't go to court did it? Was it the FDA simply over reaching in it's regulatory power or maybe bc nicotine water did not make the argument it was a tobacco product but a nutritional supplement.

[HighTech]

Miller--Johnson Creek uses synthetic nicotine.

Sun

Sun, could you please maybe point me to documentation that Johnson Creek is using synthetic nicotine? I have been unable to find here or on their website, and this is about the third time I've heard it... Thanks..

Here's my perspective: http://www.e-cigarette-forum.com/for...tml#post444810

[Sun Vaporer]

Sun, could you please maybe point me to documentation that Johnson Creek is using synthetic nicotine? I have been unable to find here or on their website, and this is about the third time I've heard it... Thanks..

Hightech--you need to speak with them directly---it is not posted on thier website last I looked.

Sun

[tvujec]

Sun, could you please maybe point me to documentation that Johnson Creek is using synthetic nicotine? I have been unable to find here or on their website, and this is about the third time I've heard it...

It is mentioned a few times in their mailings. Here's an example:
News from Johnson Creek Blog Archive A Letter from the Founder

[Bones]

New House--the cigarette was never under the guise of FDA jurisdiction until just a couple of months ago with the new legislation that passed. Before, they where regulated under specific Acts of Congress--not the FDA.

SE and NJOY are trying to argue that the e-cig is a tobacco product to avoid the jurisdiction of the FDA ----and that argurment did not work with nicotine water (nicolite) so there is no reason to think that it will work here.

Sun

Really not helping that so much time was spent trying to make the argument that it was NOT a tobacco product - When the issue was avoiding taxation -

[Sun Vaporer]

Today the Judge ordered that the FDA's Motion for an Extension of Time to respond to SE and NJOY's complaints be GRANTED.The FDA's respons(s) to SE and NJOY's complaints are due 20 days after this Court resolves the pending preliminary injunction motions or, if this Court's decision on the preliminary injunction motions is appealed within 20 days, within 20 days after the Court of Appeals resolves the appeal.


Appears we are headed for an interlocatory appeal no matter which party prevails on the preliminary injunction.

Sun