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

[Drunkwaco]

I'm not sure what a docket is but it hasn't moved since i been here. Weird thing is. It seems as if everyone is just staring at it waiting for it to move. spooky....

[Sun Vaporer]

I'm not sure what a docket is but it hasn't moved since i been here. Weird thing is. It seems as if everyone is just staring at it waiting for it to move. spooky....

Drunk--A Docket Sheet is where all the Court events in any given case are posted in their respective file along with all the Motions, pleadings, and Orders of the Court. As it stands now there are over 47 docket sheet entries with their filings since April. So, taken at face value, the answer to your question is yes, there has been a lot of movement.

The Docket Sheet enties are the one and only authoritative source that exists with reference to what is going on with this case.

Sun

[LaceyUnderall]

In response to the FDA analysis of the electronic cigarette, nJoy had an Independent lab analyze the data put forth in the FDA's toxicology report. Their results were very interesting and call into question the validity of the FDA's report.

Contained in this blog post is the actual PDF so you can read what the independent lab has to say regarding the study and the findings. Please feel free to disperse the post or the PDF internet wide as journalists who are promoting the idea that the FDA study is quality, can possibly do a follow up story like the one recently posted in the Washington Times.

Technical Review and Analysis of FDA Report: Evaluation of e-cigarettes

[LaceyUnderall]

Sun -

But there are cases in which the tobacco industry has offered products without tobacco and those are not considered NRT's. The only reason the ecig is not falling into that category is because a typical tobacco company has not released the ecig, another industry has. Had the electronic cigarette been introduced to the market by PM, this would not be an issue as there are products on the market right now, that can attest to that fact.

Personally, I am not selling the ecig as a safer cigarette, simply an alternative. It isn't safe. Nothing is safe. Breathing the air isn't even safe. (as an asthmatic I can attest to that). Really, the only thing that is guaranteed as safe is not being conceived.

[Legal One]

I appreciate all the analysis and consideration of the legal arguments. Having made the argument to Judge Leon, I can explain that this is a question of what constitutes a tobacco product versus a drug. A tobacco product is designed to produce a result and that is the use of nicotine derived through some mechanical process from tobacco. Nicotine is a compound that has physiological effects but both the Brown Curt and the new tobacco law providing FDA with certain authority look at the use of nicotine as derived from tobacco in a context different than a drug approval context. What the FDA has and continues to do is harp on the product as a drug and try and shift the debate away from the concept that nicotine can be used freely in this country if it is used non-therapeutically in the form of tobacco. The issue of relative safety takes on a completely different context if the safety benchmark is a traditional tobacco product - it is easy to demonstrate reduced risk. Phrase the question this way - Is the e-cigarette at least as "safe" as a traditional tobacco product and at least as "effective" for the intended result of a traditional cigarette. Now phrase the question as is the e-cigarette as "safe as an approved nicotine replacement therapy and as "effective" in stopping smoking. The first question is the analysis required for a "tobacco product" - the second for a "drug."

[techtravis]

LegalOne,

Thanks for posting and clarifying. I believe your spot on as to what we are looking for. The problem I see is, didn't both Njoy and SE have directions within the manual on how to quit using their products? IE lower nicotine level cartridges over a certain period of time.

And if so, don't you feel that this is a huge problem with your argument?

[LoneRanger]

LegalOne,

Thanks for posting and clarifying. I believe your spot on as to what we are looking for. The problem I see is, didn't both Njoy and SE have directions within the manual on how to quit using their products? IE lower nicotine level cartridges over a certain period of time.

And if so, don't you feel that this is a huge problem with your argument?

Can't speak for SE- However my manual for Njoy clearly states:Njoy has never been tested or proven to be a cessation device and is not sold or marketed as such.


Lone

[LoneRanger]

Can't speak for SE- However my manual for Njoy clearly states:Njoy has never been tested or proven to be a cessation device and is not sold or marketed as such.


Lone

Sun,Is it all or nothing-can fda rule in favor of one company and not the other?

[Sun Vaporer]

Sun,Is it all or nothing-can fda rule in favor of one company and not the other?

Lone--As it goes to the jurisdiction of the FDA--it is an all or nothing as you put it. For those that have not taken a look, the Electionic Cigarette is linked right on the front page of the FDA website now. This is a full out and out right assult.

See U S Food and Drug Administration Home Page

Sun

[Sun Vaporer]

Today, there was no movement on the Docket Sheet. We are seven days out of the final hearing before Judge Leon before he rules on the Preliminary Injunction.


Sun