class action against the FDA and Health Canada
- Thread starter dk2
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Suing the FDA would be a waste of money considering the government has a virtually unlimited source of cash. What we need is bottom up activism. Anti-vaping laws need to be challenged at the local level first. Politicians need to be educated and we need studies done on the safety of ecigs to be used as evidence. This will require people to become politically active and that's a heck of a lot harder than writing a check.
The most effective way to use this collected cash would be to latch onto the already existing case FDA vs. SmokingEverywhere, just like Njoy did. I have no idea the time limitations of doing such a thing (whether it's even possible at this late date), but it's been discussed here, and that would not be a waste of time at all because SmokingEverywhere is doing pretty well against the FDA so far. It's in appeals right now, but FDA has lost the first round at the circuit court level. So it's not impossible to sue the FDA and win.
I also do believe in what you're advocating: bottom-up activism, as you describe it. Yes, definitely we need strong voices at the local level, and there's certainly been a lot of that going on here. I am doing bottom-up activisim every day for the vaping community by spreading the word, rebutting false-alarm "anti-freeze" and "save the children" claims made by the media, and being involved in this forum.
The purpose of this thread is to obtain pledges for the class action, not to determine if it's a viable option or if there are better methods for activism, please just make a post stating that your willing to donate $10.00 for the cause. Remeber I'm not collecting any money. Just want to see if there's enough interest to engage a lawyer or firm to take on the case, if we get enough interest and someone to take the case, pledgers will send the money themselves to the lawyer or firm through paypal or other method.
Another thread will be started if and when we have enough pledges to discuss who will represent us.
I'm not even in the USA, but where the FDA leads Canada will follow. I'm in for 10$.
You can go to User CP and set your account to E-Mail you automatically everytime someone posts on a thread you've posted on yourself.
Just a heads up. I like being notified personally. Keeps me aware.
I'll do $10. Somehow, let me know when and where to send it. Paypal would be easy.
- Apr 2, 2009
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As one who has helped organize some class action lawsuits (against cigarette companies), its not very easy to do, and the biggest difficulty is finding a lawyer/lawfirm willing to take the case (as the cases are very expensive, can take many years, and the lawyers only get reimbursed for costs and paid if they win the case).
Also, since US Congress enacted the Class Action Fairness Act six or seven years ago, its far more difficult to win class action lawsuits than in the past.
I'm also not aware of any class action lawsuits that have ever succeeded (or that have been filed) against a government agency.
Also, since US Congress enacted the Class Action Fairness Act six or seven years ago, its far more difficult to win class action lawsuits than in the past.
I'm also not aware of any class action lawsuits that have ever succeeded (or that have been filed) against a government agency.
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