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  1. yvilla

    FDA demands review of newer tobacco products- Front Page MSNBC

    This makes sense - as the FDA still denies ecigs are tobacco products at all! That will change though, if and when the FDA is forced to concede they are.
  2. yvilla

    FDA demands review of newer tobacco products- Front Page MSNBC

    No, D103, I really don't see it that way. Garland's suggestion had to do with the fact that the FDA's position on ecigs as "drug devices" was not a high level agency determination; for purposes of the case against Njoy, it was just based on the import seizure orders. Further, if the FDA...
  3. yvilla

    FDA demands review of newer tobacco products- Front Page MSNBC

    No, test marketing is specifically excluded. But again, we still don't know the earliest date some ecig company may be able to prove they were marketing in the US.
  4. yvilla

    FDA demands review of newer tobacco products- Front Page MSNBC

    I personally researched this issue back when the legislation was being considered. And I saw official US Customs import letters on Njoy products from as early as August, 2006. That does not necessarily mean they were being "marketed" in the US within the meaning of the statute at that time...
  5. yvilla

    FDA demands review of newer tobacco products- Front Page MSNBC

    Nice try, but in fact the tobacco legislation passed in June 2009 does have that grandfathering provison in it. The FDA is not making this up. In fact, discussion about this, and worry about when ecigs were first marketed in the US, was extensively being discussed here back in 2009, well...
  6. yvilla

    FDA demands review of newer tobacco products- Front Page MSNBC

    Here is the FDA guidance document on the "substantial equivalence" provision: http://www.fda.gov/downloads/TobaccoProducts/GuidanceComplianceRegulatoryInformation/UCM239021.pdf
  7. yvilla

    Concentration is shot -- Would higher mg of Nicotine Help?

    Two packs a day, and 44 years later, I was able to switch. :) Seriously, some of the nicotine addiction research suggests that permanant changes in the brain may be related to some persons' inability to "quit smoking", ie, do without nicotine, especially in some who start smoking very early...
  8. yvilla

    Concentration is shot -- Would higher mg of Nicotine Help?

    I disagree with BenP and Woman. Lack of nicotine can indeed affect concentration (and memory) in some people, and I am one of them. I was not able to fully conquer my need to smoke (the nicotine withdrawal effects were too damaging for me) until I switched, over two years ago now, to 36 mg...
  9. yvilla

    SE, NJoy vs FDA -- Discussion

    The DC Circuit Court rules state that: 35 "(f) Brief of an Amicus Curiae. No amicus curiae brief in response to or in support of a petition for rehearing en banc will be received by the clerk except by invitation of the court." Let's hope these idiots get their motion and their brief...
  10. yvilla

    SE, NJoy vs FDA -- Discussion

    Already talked about Politically. A few pages back I posted the relevant Federal Appellate Rule, which specifically states that a rehearing en banc - before the full court - "is not favored and ordinarily will not be ordered unless: (1) en banc consideration is necessary to secure or maintain...
  11. yvilla

    SE, NJoy vs FDA -- Discussion

    Yes, there will probably have to be lines drawn by the FDA and the courts in the future. But my best estimation is that the drink you mention, and other potential nicotine-laden products that could be imagined, will fall over that line into the "drug-product" category. Nicotine water is marketed...
  12. yvilla

    FDA appealing to Supreme Court and asking for embargo to remain until after the Supreme Court Ruling

    Absolutely correct Elaine. And Luisa, the three judges who decided the appeal comprised the "panel" assigned to the case. The request for a rehearing "en banc" is a request to have ALL the active judges of the DC Circuit Court of Appeals reconsider the decision of the panel (thirteen of...
  13. yvilla

    3 months and my SD is dead!

    As jagstang just above you posted, the original SD (MKI) bought from Trog in the UK is a different product altogether. It's a still hand made, and quality device. I, for one, still use nothing else since it enabled me to stop smoking entirely in November 2008. The SD MKII, while I've never...
  14. yvilla

    SE, NJoy vs FDA -- Discussion

    You're right Bshalaby, it has always been the giant pharmaceuticals that have been trying to squash and kill ecigs. Because ecigs totally threaten their bottom line - profits - as ecigs are so much more effective than the woefully ineffective and hugely expensive Pharma nicotine products, and...
  15. yvilla

    SE, NJoy vs FDA -- Discussion

    LOL. I keep posting the citation to the Rules, but I may as well put them right here: Rule 35. En Banc Determination (a) When Hearing or Rehearing En Banc May Be Ordered. A majority of the circuit judges who are in regular active service and who are not disqualified may order that an...
  16. yvilla

    SE, NJoy vs FDA -- Discussion

    D103, I tend to agree with you. According to the Federal Rules of Appellate Procedure, the party requesting a rehearing en banc must "assert that a proceeding presents a question of exceptional importance". But beyond just "asserting" that, they have to back it up, and I don't think the FDA has...
  17. yvilla

    SE, NJoy vs FDA -- Discussion

    Time to petition for a rehearing, or a rehearing En Banc in the federal Court of Appeals, has not run out yet. Rules 35 and 40 of the Federal Rules of Appellate Procedure set that time period to be within 14 days of the entry of judgment for regular parties, but within 45 days if the "United...
  18. yvilla

    e cig legality

    Yeah, you should look a little further down in the main forum index - CASAA has its own sub-forum right here on ECF. :) CASAA We respond to proposed sales and/or public use bans with written comments and appearances at public hearings. We have a PDF of materials prepared specifically for...
  19. yvilla

    County wants to ban public e-cigarette smoking

    Tybin, if you mean the Virginia ruling, it was VA AG Kenneth Cuccinelli. His official advisory opinion is at page 9 of CASAA's legislative packet: http://www.casaa.org/files/CASAA_Legislative_Packet_Regarding_Indoor_Bans_Web.pdf
  20. yvilla

    Second hand vape in public

    And, http://www.casaa.org/files/CASAA_Legislative_Packet_Regarding_Indoor_Bans_Web.pdf Particularly starting at page 14, but other pages have relevant content as well, such as page 3, paragraph 4.
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