In the suit it says that based on Smoking Everywhere's claim that their product contained no carcinogens, the plaintiff purchased an e-cigarette but that the FDA study showing that there were in fact carcinogens (and DEG--even though the cart with DEG isn't on the market and no DEG was found in the actual vapor).
That's why I quoted the Nicoderm CQ website that says they don't contain carcinogens. If Banzhaf's suit holds any water, it seems to me that it would be equally (if not more) effective against GSK.
The "harm" incurred by the plaintiff is the money spent on products advertised as containing no carcinogens. I spent money on Smoking Everywhere e-cigs, and I've spent money on NicoDerm--and I'd like to get my money back from either or both so I could use it on products that actually WORK.
The problem with this thread is that I agree with so many of your comments that I don't know where to begin!!! This one however is huge and one I've been meaning to discuss with people.
Glad someone else noticed that the big bad chemical (diethylene glycol) quoted by the FDA as being present in one out of nineteen cartridges wasn't even found in the actual vapor test but in the cartridge test. In my researching I've found that both DEG and ethylene glycol are used in plastics as well. In the case of ethylene glycol, it is released from many of these plastics upon heating and is why many food containers are marked as "non-microwaveable" or in it's absence or stable form "microwave safe". This leads me to ponder (admittedly I have not verified the scientific plausibility of this yet and am still researching) if the DEG even came from the
e-liquid at all!!! Melted cart anyone??? In addition to that (as stated in above post) I have actual scanned documents (though not domestic) from 1977 showing that DEG was once an intentional additive to
tobacco and not simply a trace chemical. Considering that the FDA was all for adding even more chemicals to current cigarettes for the purpose of creating FSC's does anyone really believe analogs are safer now than they were prior to the 80's?
I too originally purchased the SE brand and found it to be an utter piece of junk. I may even be inclined to agree with false advertising accusations posed by this lawsuit (specifically their claim that one cartridge that holds about two drops of liquid is equivalent to a pack of cigarettes). However, the problem is the general public will simply relate this suit as an indication that e-cigs are truly bad and will not take it for what it is. In addition this suit is clearly being bolstered (if not flat out made possible) by the FDA's bogus condemnation. I find it sad that SE manufactures what is, in my opinion, an extremely sub-par product and yet they are leading the fight for e-cigs and are the ones being tested as a benchmark for all others!
Prehoda - The Land of the Free "I've come to the conclusion that, these days, it is really just a mission statement rather than a fact." You couldn't have said it better!!! Unfortunately our government seems to pursue that mission as vigorously as the FDA pursues their own mission statement!
Vocalek - Again you're dead on!!! My prediction is that the FDA will in all likelihood succeed in banning e-cigs on the grounds that studies need to be conducted regarding long term usage. I'm told these studies take seven years on average. During which time 3.2 million Americans will die of
tobacco related illness. Granted those people are probably past the point of no return already but that also means that another 3.2 million will pass their point of no return. All so that they can crush current manufacturers and eventually turn, what will then be heralded as a breakthrough cessation device, over to big pharmaceutical. They in turn will place pv's on the shelf next to the nicotine patches and include a flavorless and deliberately unsatisfying liquid in the package so as to ensure that the success rate remains at a dismal level....thus making everyone happy...big tobacco doesn't lose much, pharmaceutical gets their slice and the FDA continues to rake in the tax revenue and appears to be a valid agency. Oh wait, the 6.4 million dead or dying may not be too happy!!!!
What we need is our very own Erin Brockovich. Hell...maybe we actually need Erin Brockovich or at least some pointers from her! In fact I just paused to look at her website and think I'll put together a letter asking for her to review our plight and provide some input on a course of action!
To all signers of the petition- After three e-mails and a weeks wait I have still not received word one from Care2 regarding the petition. Apparently they joined the ranks of Amazon and Paypal!! I do have plans to further our cause but honestly am trying to determine how I (a working guy with 3 kids at home) can devote the attention my plan would require. One thing's for sure SOMEBODY has gotta stop talking and start doing before the FDA is awarded jurisdiction over us.