That begs the question. The question is what's "criminal" and who is charged with the duty to enforce various criminal statutes. The U.S.C. (United States Code) spells out what's criminal conduct and specifies which federal law enforcement agencies are responsible for enforcing those various...
Sorry, but I'm afraid this is a dead end. Consumers will not have standing to challenge these regs.
Now this is something that I don't believe has yet been mentioned. In Feb. of 2007 was there a nicotine base product that consumers could buy?
Yes, and the FDA was mightily PO'd at Judge Leon's ruling and at NJoy. They believe that NJoy should have knuckled under. How dare they oppose the federal government!
Having been involved in more than my fair share of litigation, nobody likes getting slapped down in federal court, least of all...
This is from the Facebook page of a group that owns 5 shops. In response to a poster saying that today the FDA has dealt a “low blow” which threatens to “ban most products,” they responded as follows:
“We will be prepared! Don't worry! Keep yourself informed; and try to educate others on the...
Well, allow me to repeat an earlier request which was met with a resounding chorus of crickets: Could somebody please point me to any criminal statutes that apply? All I've found are civil sanctions and penalties.
Sounds about right, but it doesn't really matter because if this didn't occur exactly the way you describe, the end result is 100% consistent with your scenario. This didn't come down on us just because of sheer incompetence.
This raises an interesting question from a legal point of view. Ordinarily, in order to challenge the actions of an administrative agency with a lawsuit, one must first exhaust all administrative remedies. In addition, the plaintiff must show actual, direct harm. No applications have even been...
I don't know how it would b
It's not clear to me who will enforce it. I don't know which enforcement agency has jurisdiction and I doubt it would be a priority for for any federal law enforcement agency.
You can bet that for at least a year or more, BT companies have had teams of lawyers working day and night to draw up applications to get their cig-alikes approved. Everybody else is behind the curve.
I find it sadly ironic that Great Britain seems to have taking a somewhat more enlightened approach to e-cigarettes than my own country.
The Founders pledged their lives, their fortunes and their sacred honor to secure our unalienable rights to life, liberty and the pursuit of happiness. There...
If I had about a million bucks to gamble, it might be worth a shot. But then I'd be a predicate product and every Tom, Dick and Harry would apply for SE and I'd lose most of my market to competition. Now, if I could join forces with my prospective competitors and form a group to fund the initial...
To be blunt, you're wrong. Congress has empowered the FDA to regulate "tobacco products." "Tobacco products" are defined as anything derived from the tobacco plant and anything that is a "component" of a tobacco product. The FDA has interpreted "component" to mean anything used to consume a...
Nope. It's mostly politics. It's mainly because banning cigarettes would cause about 40 million people to vote against anyone who voted for or signed a bill banning a product they are dearly fond of.
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