Hold on a sec, please. Let's not get alarmed until it's established that the definition of "tobacco product" in the FSPTCA and FDA regs applies to laws and regs governing the USPS.
Rhetorical question, but raises an interesting legal point. I'm seeing a denial of due process. Administrative agencies can't simply pocket veto an application, IMO. Applicants are entitled to a reasonable process leading to approval or denial.
The media love a spectacle. They also love stories about harm and threats of harm to children. And video helps--shouting, sign-carrying demonstrators, etc.
It's likely that all of these lawsuits will have to be filed and the United States District Court for the District of Columbia and that they will eventually be consolidated there before there is any sort of adjudication on the merits. It will then go to the DC Court of Appeals. If the case turns...
99.9% of the effort expended by ordinary citizens in writing these people is wasted. It takes campaign contributions and lobbyists. There is a reason why the suburbs surrounding Washington DC are among the wealthiest in the country.
This is the producer/director's first attempt at this sort of thing. LINK
I know a little bit about independent film making. My best friend, who is also a client, has been making documentaries for decades. His films have been on nationwide PBS multiple times and he's produced and directed...
The FDA is not going to be so foolish as to focus on a master craftsman working at his home workshop making mods out of exotic woods. That could very well turn the media against them. And they know that.
Oh, man, does this hit home. My dad, a lifelong smoker who died of lung cancer, would have dearly loved his beautiful granddaughter, and she would have loved her cool and very smart granddad. What a shame. "Harsh"? No words are harsh enough to describe the abomination that is this regulation.
Big vapor is BT. When has congress stopped the FDA? Why isn't the deeming reg going to hold up in court? Do you understand the process and criteria for judicial review of administrative actions?
The FDA is not immune to public pressure, if it's powerful and cohesive. The e-cigarette industry and consumers have, to date, been neither. When the FDA merely hinted that they might prohibit the aging of cheese on wood, there was an instantaneous industry uproar. Cheesemakers, cheese shop...
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