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  1. bigdancehawk

    FDA’s Rule on E-Cigarettes Will Hurt Public Health

    If it were CBS the piece would draw considerable attention. Unfortunately, it's CNS instead. Attacking the FDA for over regulating e-cigarettes would be inconsistent with CBS's political viewpoint.
  2. bigdancehawk

    So now you can even get killed for vaping?

    If cops are pointing guns at you and yelling at you, it would be prudent to slowly raise your hands in the air and freeze. Any other stupid moves may get you killed. Street science 101.
  3. bigdancehawk

    Some guy was trying to sell this

    Most of the attachment is not showing up on my tablet. Maybe just my tablet, but others may have the same problem.
  4. bigdancehawk

    Quitting Vaping - Anyone suffer ritual withdrawal?

    If you like the ritual but are worried about long-term health effects, why not just avoid inhaling?
  5. bigdancehawk

    Warm welcome vapers

    It's not possible yet to completely rule out the potential for long-term harm, but people have been vaping for about 10 years and no serious ill effects have been detected so far. Are you a smoker? It's vastly better than smoking. I smoked cigarettes for over 40 years. I quit and I've been...
  6. bigdancehawk

    FDA Sen Johnson (R-Wis) demands answers from FDA RE deeming

    Many of us have developed a certain degree of cynicism and the senators need to understand our frustration. Many of us are disillusioned and feel that our messages will be ignored, just as they have been in the past. I have written my congressional representatives in both houses on a number of...
  7. bigdancehawk

    Deeming Regulations have been released!!!!

    I guess what's "clear and obvious" is a matter of opinion but, IMO, the FDA's position on "intended use" is self-contradictory and inconsistent with what the statute actually says.
  8. bigdancehawk

    Deeming Regulations have been released!!!!

    The FDA argues in one of its initial briefs that Congress contemplated that the FSPTCA would cover e-cigarettes because, prior to enactment, some random congressman expressed concern that the statute might impair future e-cigarette development. Nicopure's lawyers didn't address or attempt to...
  9. bigdancehawk

    Deeming Regulations have been released!!!!

    It would take a long time and a lot of words to do an adequate job. Maybe I'll do a few installments and see how far I get before everyone gets sick and tired of reading my stuff or I get sick and tired of writing it. And I'm leaving for a vacation tomorrow, so it may be awhile. First off, the...
  10. bigdancehawk

    Deeming Regulations have been released!!!!

    Our so-called representatives in government have no idea how enraged we are--or why. We were forced outside and away from others to shiver in the cold and freezing rain. We were forbidden to smoke in our own places of work. We were systematically isolated, condemned, humiliated, and demonized as...
  11. bigdancehawk

    Deeming Regulations have been released!!!!

    Exactly. We all know how sampling works in vape shops but the FDA and its lawyers either haven't bothered to find out or are lying about it. In any case, the brief misrepresents how most sampling takes place and is quite misleading.
  12. bigdancehawk

    Deeming Regulations have been released!!!!

    This is what happens when Congress delegates broad legislative powers to administrative agencies and places severe limitations on judicial review. Congress should know by now that agencies are by nature inclined to extend their power to the max, try to control everything in sight, to justify...
  13. bigdancehawk

    Deeming Regulations have been released!!!!

    I count 50 cited cases, 16 statutes, four regulations, and seven other references. Most of the cases will be fairly long and the Calif. Law Review article alone is 52 pages long.* I'm guessing a careful analysis of the cited authorities would take 18-25 hours for a fast reader. I'm talking about...
  14. bigdancehawk

    Deeming Regulations have been released!!!!

    I'm glad you find it's helpful, even though I seem to always be saying you can't do this and you can't do that. ETA: There are some twists in these kinds of cases that are hard to understand, much less accept. I should be a little more patient with non-lawyers, and not even most lawyers are...
  15. bigdancehawk

    Deeming Regulations have been released!!!!

    The judge would not have allowed it. Period. I've written a number of earlier posts on this subject here and in other threads. Evidence which isn't in the administrative record is not admissible. We saw that when CASAA asked permission to file an amicus brief based on a survey which wasn't in...
  16. bigdancehawk

    Deeming Regulations have been released!!!!

    The FDA is determined to regulate everything it possibly can. It wants to regulate products which aren't made or derived from tobacco as "components" or "parts" of tobacco products. In order to do that, the FDA has stated that it will look at the "intended use" of the component or part...
  17. bigdancehawk

    Deeming Regulations have been released!!!!

    Yeah, I can do that. But with a PACER account you can get access too. I think it's ten cents per page up to a max of $3 per document.
  18. bigdancehawk

    Deeming Regulations have been released!!!!

    For a legal brief, it's not bad. There are a number of head scratchers, but that's not because of legal jargon. It's because they are garbage arguments designed to confuse the issue and mislead the court. Hardly unusual. For the most part, however, it's a decent piece of legal writing. I'd give...
  19. bigdancehawk

    Deeming Regulations have been released!!!!

    You're right. It's better than I expected.
  20. bigdancehawk

    Deeming Regulations have been released!!!!

    Ha! I'm here. Dissecting and tearing this abomination apart may take awhile--hours to do a proper job. I hope it will be possible to listen to oral argument. Note that high ranking lawyers in the U.S. Attorney General's office are now lending a hand. Eight lawyers on this brief from two arms of...
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