Read the Black bold face print
I wrote in colors.
BRIEF AMICUS CURIAE OF ACTION ON SMOKIING AND HEALTH (ASH)
IN SUPPORT OF THE F.D.A.'s JURISDICTION OVER E-CIGARETTES
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
____________________________________
SMOKING EVERYWHERE, INC. )
)
Plaintiff, )
)
and )
)
SOTTERA, INC. d/b/a/ njoy, )
)
Intervenor-Plaintiff, )
)
v. )
)
U.S. FOOD AND DRUG )
ADMINISTRATION, et al., )
)
Defendants )
_____________________________________
Action on Smoking and Health (ASH) is a national scientific and educational tax-exempt antismoking organization which has been involved for more than thirty years with the legal issues of nicotine, FDA regulation of nicotine and nicotine-delivery devices, and related topics.
ASH seeks by this motion to file a brief amicus curiae (contained herein) to respectfully bring to the Court's attention important information about the potential consequences of any ruling to the effect that the FDA does not have jurisdiction over e-cigarettes (because they are either "tobacco products" or "modified risk tobacco products"), including new information which has just come to light. This information includes:
I knew about this months ago, the fact that pharmaceutical co's were going to make vapor medicine for ecigs. No one believed me, how 'bout now?
1. E-cigarettes are now being advertised for use in administering ...... (a prescription-only drug) to users. This indicates a new potential for abuse if the FDA cannot regulate such products.
On a normal day I would think that the FDA would see this as a good thing, open foot insert mouth ASH.
2. News that e-cigarettes have been found to be "potentially lethal to children," a newly-recognized danger especially if there can be no FDA-imposed age-of-purchaser restrictions on selling the product - which comes in children-friendly fruit flavors - to minors.
I think they are referring to PG which is in many things like certain foods, mouth wash, toothpaste of which still some gets swallowed and of course ASTHMA INHALERS, dont kids use those too? Well if they aint gonna smoke cancer sticks, let them suffocate the other way.
3. The very strong concerns by the major national public health and antismoking organizations in this country about the known and potential health hazards of e-cigarettes, especially following the report by the FDA that several samples contained carcinogens and toxic chemicals; all of which are also directly relevant in connection with the factors which must be considered for granting injunctive relief.
You know what lets not ban analogs, just the ones the Doctors on the Doctors Show recommend, keep the ones that are Proven to cause cancer. Those are Okay.
Action on Smoking and Health (ASH), by this motion, respectfully seeks leave to file a very short amicus curiae brief, a brief which is included within this document. Unlike Sottera, Inc. d/b/a/ NJOY, to which this Court has granted intervenor status, ASH does not seek to intervene nor to necessarily present oral arguments.
Instead, by and through its included brief amicus curiae, ASH hopes to insure a more complete record for the Court's benefit, and to bring to the Court's attention information which may not now be before it, including new information which has just come to light.
See: Brief Amicus Curiae of ASH in Support of FDA's Jursidction Over E-Cigarettes
I wrote in colors.
BRIEF AMICUS CURIAE OF ACTION ON SMOKIING AND HEALTH (ASH)
IN SUPPORT OF THE F.D.A.'s JURISDICTION OVER E-CIGARETTES
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
____________________________________
SMOKING EVERYWHERE, INC. )
)
Plaintiff, )
)
and )
)
SOTTERA, INC. d/b/a/ njoy, )
)
Intervenor-Plaintiff, )
)
v. )
)
U.S. FOOD AND DRUG )
ADMINISTRATION, et al., )
)
Defendants )
_____________________________________
COMBINED
MOTION FOR LEAVE TO SUBMIT A BRIEF AMICUS CURIAE,
AND BRIEF AMICUS CURIAE IN SUPPORT OF DEFENDANT F.D.A.,
BY ACTION ON SMOKING AND HEALTH (ASH)
MOTION FOR LEAVE TO SUBMIT A BRIEF AMICUS CURIAE,
AND BRIEF AMICUS CURIAE IN SUPPORT OF DEFENDANT F.D.A.,
BY ACTION ON SMOKING AND HEALTH (ASH)
Action on Smoking and Health (ASH) is a national scientific and educational tax-exempt antismoking organization which has been involved for more than thirty years with the legal issues of nicotine, FDA regulation of nicotine and nicotine-delivery devices, and related topics.
ASH seeks by this motion to file a brief amicus curiae (contained herein) to respectfully bring to the Court's attention important information about the potential consequences of any ruling to the effect that the FDA does not have jurisdiction over e-cigarettes (because they are either "tobacco products" or "modified risk tobacco products"), including new information which has just come to light. This information includes:
I knew about this months ago, the fact that pharmaceutical co's were going to make vapor medicine for ecigs. No one believed me, how 'bout now?
1. E-cigarettes are now being advertised for use in administering ...... (a prescription-only drug) to users. This indicates a new potential for abuse if the FDA cannot regulate such products.
On a normal day I would think that the FDA would see this as a good thing, open foot insert mouth ASH.
2. News that e-cigarettes have been found to be "potentially lethal to children," a newly-recognized danger especially if there can be no FDA-imposed age-of-purchaser restrictions on selling the product - which comes in children-friendly fruit flavors - to minors.
I think they are referring to PG which is in many things like certain foods, mouth wash, toothpaste of which still some gets swallowed and of course ASTHMA INHALERS, dont kids use those too? Well if they aint gonna smoke cancer sticks, let them suffocate the other way.
3. The very strong concerns by the major national public health and antismoking organizations in this country about the known and potential health hazards of e-cigarettes, especially following the report by the FDA that several samples contained carcinogens and toxic chemicals; all of which are also directly relevant in connection with the factors which must be considered for granting injunctive relief.
You know what lets not ban analogs, just the ones the Doctors on the Doctors Show recommend, keep the ones that are Proven to cause cancer. Those are Okay.
MOTION FOR LEAVE TO FILE BRIEF AMICUS CURIAE
Action on Smoking and Health (ASH), by this motion, respectfully seeks leave to file a very short amicus curiae brief, a brief which is included within this document. Unlike Sottera, Inc. d/b/a/ NJOY, to which this Court has granted intervenor status, ASH does not seek to intervene nor to necessarily present oral arguments.
Instead, by and through its included brief amicus curiae, ASH hopes to insure a more complete record for the Court's benefit, and to bring to the Court's attention information which may not now be before it, including new information which has just come to light.
See: Brief Amicus Curiae of ASH in Support of FDA's Jursidction Over E-Cigarettes
