There was a scroll information post on my facebook site about the FDA appealing the SE njoy case to the Supreme Court. Also a note about an article in WSJ by Margaret Hamberg. Anyone who knows what is going on,please let all of know!
Can this be true???
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I just did a search both on Google and on the FDA site and cannot find any announcement that the FDA will appeal to the Supreme Court. Any idea who (or what organization) posted this on Facebook?
I've not seen anything that suggests FDA has already filed a petition for writ of certiorari with the Supreme Court. FDA has until April 25th to file.
I am glad to hear that it is probably untrue. It was very strange. The message quickly scrolled across the top of my screen. It was almost like an information scroll that you sometimes see on the bottom of the TV screen when the station does not want to interrupt programing--such as an update on bad weather etc. I have gone offline and then and then returned and entered facebook again to see if it would again scroll,but the message has not repeated itself. I am spooked! The FDA must be monitoring me. Yikes!
I am so spooked that I cannot even write a proper sentence--"and then and then returned and entered facebook again". Sorry
It seems my facebook page was "hacked" or some joker was able to place messages as a trailer at the top. I am still getting messages and they are not very nice. I am going to have the whole page deleted and start over with a new page. This is really scary.
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It's not really that scary. Just inform Facebook so they can track the guy and take action against him.
Yes. On April 25th, the last day to submit a petition for a Writ of Certiorari from the Supreme Court to take this case, the FDA announced that they will not seek further appeal but will abide by the Preliminary Injunction as affirmed by the appellate court.
What this means: The FDA has admitted that they cannot regulate tobacco products that do not make therapeutic claims as drug devices. The agency announced their intention to regulate e-cigarettes as a tobacco product, but for now e-cigarettes remain unregulated tobacco products alongside cigar, pipe and smokeless tobacco products.
Yes... they have admitted they cannot regulate tobacco products.
But... pharmaceutical grade nicotine is very clearly in their domain. E-Ciggs are the devices... not the medium of the nicotine. Expect to see e-juice as the next target, big tobacco simply cant afford to lose the income. Neither can state or local governments afford to lose tobacco revenue as a tax base.
I do however find it of interesting note that while NRT is touted as a quit smoking wonder... a recent study indicated only 45% of NRT (patch, gum) therapy users were in abstinence of tobacco during weeks 8-11. Meaning... People on the Patch and Gum support Big Drug AND Big Tobacco... win win for them! Bad for e-cigg.... cause the no tobacco rate for vapors seems to be a bit higher from a social observance stance, but remains to be seen from a clinical study stance. In either case, they simply cant let the nicotine addicts go un-taxed.
But... pharmaceutical grade nicotine is very clearly in their domain. E-Ciggs are the devices... not the medium of the nicotine. Expect to see e-juice as the next target, big tobacco simply cant afford to lose the income. Neither can state or local governments afford to lose tobacco revenue as a tax base.
I do however find it of interesting note that while NRT is touted as a quit smoking wonder... a recent study indicated only 45% of NRT (patch, gum) therapy users were in abstinence of tobacco during weeks 8-11. Meaning... People on the Patch and Gum support Big Drug AND Big Tobacco... win win for them! Bad for e-cigg.... cause the no tobacco rate for vapors seems to be a bit higher from a social observance stance, but remains to be seen from a clinical study stance. In either case, they simply cant let the nicotine addicts go un-taxed.
Actually, that's not quite right . . . Congress gave the FDA the right to regulate tobacco products. The issue in contention in SE/NJOY v. FDA was whether the FDA could regulate e-cigarettes as drugs. The FDA, with some "encouragement" from the courts, has announced that it will NOT regulate e-cigarettes as drugs unless the manufacturers are making therapeutic claims. Rather, it will regulate e-cigarettes as tobacco products.
Frankly, I don't see e-cigarettes as a threat to BT (Big Tobacco). I expect that before too long, BT will throw its hat in the ring and start selling e-cigarettes.
As for the taxation end of it, I think it's a foregone conclusion that states will seek to tax e-cigarettes as tobacco products. My hope is that taxes will be much lower than for cigarettes (which carry positively Draconian taxes) and will recognize that e-cigarettes are inherently less dangerous than traditional cigarettes. Hope springs eternal.
I personally think it's inevitable that big tobacco will make an e-cig. Here in the UK one of the big tobacco groups has brought out a kit which is basically a DIY version of their cigs (tubes, tobacco and machine) for around the same a pack of their cigs, and less if you keep using it. They know that it's
a) too expensive to keep smoking and
b) once e-cigs become mainstream, most smokers will realise that it's a better deal
So to stay in business they either have to cut prices (not happening) or compete. Which leads me to believe they will bring out an e-cig. Wouldn't mind betting Phillip Morris either has a department working on it right now, or already has it there and is just waiting for the mainstream to "get" e-cigs.
a) too expensive to keep smoking and
b) once e-cigs become mainstream, most smokers will realise that it's a better deal
So to stay in business they either have to cut prices (not happening) or compete. Which leads me to believe they will bring out an e-cig. Wouldn't mind betting Phillip Morris either has a department working on it right now, or already has it there and is just waiting for the mainstream to "get" e-cigs.
Unfortunately, I suspect that big tobacco will make a really awesome PV... Works, and feels, like smoking did. No need to fiddle with it. No need to do anything. Our manual batteries, mixing our own juices, etc... It'll be like... We're PC users - yeah, we're getting a better experience, once we get past the learning curve... and they're apple - out of the box, ready, very easy. And, sadly, many of us will grab a malboro PV just because it's easy to carry around, works great, and is easy.
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