Class Action LAWSUIT against Health Canada! When?

[Razorclaw]

The FDA have been stopped in the US by the courts. It took months but justice finally prevailed there. Why is no such resistance here in Canada? Where are all the lawyers and groups that fight for freedom and justice? I hear these XXXXX at Health Canada are now even wrongly stopping shipments without any nicotine. That's NOT the law.

In Canada, if someone or some entity don't play by the rules they will go to jail or at least get sued or fine. Health Canada it seems is above the law. This makes me so angry...and there's nothing we can do about it! They are simply laughing at us and nobody's doing anything about it. Does it take some sort of explosion (of ideas of course) at their headquarters to get them to recognize how harmful and wrong their policies are? We need to stand up to them ASAP. Someone needs to start a BIG class action lawsuit. They are WRONG. Even a child can see it. A BIG $$$ lawsuit with tons of litigants needs to start soon! What is preventing this from happening?

Sorry abou the rant, I'm just really agitated right now.

 

[Switched]

Are you stepping up to the plate? I hope your pockets are deep.

 

[Razorclaw]

If I had the money the lead the charge, I wouldn't be posting here asking why nothings happening would I? There are tons of frivolous lawsuits on the news. We hear about them all the time. If those lawsuits can happen, so can this. You just need to know the right people. Unless you just want to sit there and have them shove anything they want down your throat and do nothing about it.

 

[Lil-Stewie]

Since nicotine is a schedule F drug in Canada I doubt a lawsuit against Health Canada would do anything. An act of parliament would be needed to remove nicotine from it's schedule F status too.

 

[Razorclaw]

Here's an idea. Why won't a few of the the Vendors and Suppliers and anyone else who have a financial vested interest in this get together and created a group solely for this purpose. Contact some law firms and start the Class Action. I'm just itching to put my name on that list. In the past 2 yrs, the ecig ban has done way more harm than good!

 

[Razorclaw]

Unbelievable. I can't believe I'm getting so much resistance here at ECF, the heart of the vaping world. What's wrong with a BIG lawsuit against our enemies?

 

[dopeh]

Unbelievable. I can't believe I'm getting so much resistance here at ECF, the heart of the Vaping world. What's wrong with a BIG lawsuit against our enemies?

lol... 2 replies imparting the facts of why it's not a reasonable endeavor at this time don't qualify as "so much resistance". I don;t have much to add, as Switched and Stewie nailed it.

If you really want to do something, you should fire off some letters to as many MPs as possible. Only they can force HC's hand.

 

[Concat]

I don't think the e-juice sans nicotine is being stopped by Health Canada per se. More likely an over zealous customs agent.

I'm not sure suing them will do much good, to be honest, but I do think more campaigning needs to be done. Canadians suppliers should be spear heading this campaign, as they have an invested interest in the product.

It would be nice to get some progress info too. Is Health Canada funding research? Or is this an indefinite ban? I don’t think the ban will last forever, but bureaucracy is a beast and maybe it will be 5 years before anything substantial happens.

We just need to be loud.

 

[Switched]

Unbelievable. I can't believe I'm getting so much resistance here at ECF, the heart of the Vaping world. What's wrong with a BIG lawsuit against our enemies?

Not resistance, common sense! With all do respect if you had any inclination of the costs associated with your recommendation, you wouldn't be debating your point here. Unless there is some vaping lawyer out there willing to tackle this on pro bono.

 

[Can_supplier]

Unbelievable. I can't believe I'm getting so much resistance here at ECF, the heart of the Vaping world. What's wrong with a BIG lawsuit against our enemies?

The answer is 1) no one has pockets that deep and 2) if they did they wouldn't win and would just be out a whole lot of money. No one sues the government and wins. The action in the US isn't a case of the FDA being sued for money, it’s a legal question of what jurisdiction the FDA has. We have a different situation in Canada, where the law clearly gives the power to Health Canada, making a challenge in court baseless and futile.

An act of parliament is the only way, and lobbing for that is free. The members here have been VERY proactive in this regard, so it is unfair to say you are getting resistance. You are not getting resistance, you are simply being informed about what we have all found out in our struggle.

My suggestion is to go back and read the background on this issue in the forum, and to write your MP explaining that you will hold them accountable if their actions force you to go back to cigarettes. I admire your passion, but you need to find out the background before firing off in the wrong direction.

 

[Razorclaw]

lol... 2 replies imparting the facts of why it's not a reasonable endeavor at this time don't qualify as "so much resistance". I don;t have much to add, as Switched and Stewie nailed it.

If you really want to do something, you should fire off some letters to as many MPs as possible. Only they can force HC's hand.

Well, it wasn't just 2 replies. I had a bunch of PMs right after I posted explaining why it's not the same with the FDA case in the States. To my simple mind, the FDA was doing the exact same thing that Health Canada is doing until someone took them to court and won. However, you guys may be right. Maybe it is futile. Knowing the FDA, they probably let us win all the small battles so they can win the war faster. A 5-4 FDA Victory is at the Supreme Court level is not so impossible is it? With Big Parma and Big Tobacco backing them, this may be what they wanted all along.

 

[Can_supplier]

With Big Parma and Big Tobacco backing them, this may be what they wanted all along.

So fine, let them win in the court of law, we can win in the court of public opinion, and right now is prime time to do that.

What smoker doesn't think this is a good idea? What non-smoker doesn't have a smoker in their life they want to see quit? Way I see it, the 20% percent that smoke are in favor of e-cigs, and the remaining 79% are also in favor because of people they know. That leaves 99% in favor 1% against who are made up of non-smoking hermits and those with interests in tobacco companies.

Spread the word. Tell 6 people today and ask them to tell 6 people tomorrow. In less that a week you will have started a chain that has informed everyone in Canada. Of course it won't work perfectly, but you get the idea.

Lets see the government try to prohibit something that is favored by 99% of the population. Lets get the law re-written!! Make any win in court by tobacco or whatever enemy meaningless.

That is our power. That is what we can, and most of us do every day. Now is our time. Best of all, it costs you nothing. AND YOU ALONE CAN MAKE A HUGE DIFFERENCE.

 

[Concat]

It's tough because a lot of first reactions are "Aren't those more dnagerous than cigarettes?"

The powers that be are professional spin doctors, and the media picks up on anything "scary." Pickles cause cancer! ...etc. I mean all you have to do is look at the anti-pot videos from the 30's to understand what we're up against.

But you're absolutely right. The best thing for the average person to do is just to inform their friends and family, and inform themselves.

 

[Razorclaw]

So fine, let them win in the court of law, we can win in the court of public opinion, and right now is prime time to do that.

That's a bad move the more I think about it. If the FDA win in the Supreme Court, it's pretty much game over for all Vapers everywhere in the free world. It is the one place where things really matter and I hope that never becomes a reality.

In capitalist democratic countries such as ours, money is everything and nothing gets people's attention more that a hit to the pocketbooks. Everyone dies sooner or later but let's say if I were to wrongly cause people to die sooner or lose some time off their life expectancy. I would expect to be sued by the victim(s) wouldn't I? Same story with Health Canada. They banned the e-cigarette 2 years now and god knows how much longer and because of the ban, most Canadians are still smoking analogs. Each analogs take 15 minutes off a person's life. Add all the 15 minutes together in the past 2 years and see how much Canadians have been harmed by this. A million Canadians losing 10 days off their life each is just as worst as 100 Canadians dying all at once. This is a public health disaster wrongly initiated by Health Canada and they should be held accountable just like any other organization.

The argument that we cannot sue the government and win is untrue. There have been countless victories in the court of law against governmental organizations. In fact, Health Canada have been sued many times already and are currently still. Just Google Class Actions again Health Canada. I've even seen TV commercials from lawyers looking for people who were harmed by medications falsely OKed by Health Canada under the bidding of their Big Pharma masters!

 

[VAPOINSANO]

That's a bad move the more I think about it. If the FDA win in the Supreme Court, it's pretty much game over for all Vapers everywhere in the free world. It is the one place where things really matter and I hope that never becomes a reality.

In capitalist democratic countries such as ours, money is everything and nothing gets people's attention more that a hit to the pocketbooks. Everyone dies sooner or later but let's say if I were to wrongly cause people to die sooner or lose some time off their life expectancy. I would expect to be sued by the victim(s) wouldn't I? Same story with Health Canada. They banned the e-cigarette 2 years now and god knows how much longer and because of the ban, most Canadians are still smoking analogs. Each analogs take 15 minutes off a person's life. Add all the 15 minutes together in the past 2 years and see how much Canadians have been harmed by this. A million Canadians losing 10 days off their life each is just as worst as 100 Canadians dying all at once. This is a public health disaster wrongly initiated by Health Canada and they should be held accountable just like any other organization.

The argument that we cannot sue the government and win is untrue. There have been countless victories in the court of law against governmental organizations. In fact, Health Canada have been sued many times already and are currently still. Just Google Class Actions again Health Canada. I've even seen TV commercials from lawyers looking for people who were harmed by medications falsely OKed by Health Canada under the bidding of their Big Pharma masters!

+1

in all actuality sueing is too kind

but,
have to agree something has to be done about all this
unnessasary waste of power+tax payers money!
canada strong +not so free!!

look back a month and see the largest petition
ever in canada +it was for our media rights
we won for now,till they change the rules again!

"viva le revolution" worldwide......

my nickel......

vape on peepz vape on

 

[kanadiankat]

+1

.....canada strong +not so free!!

look back a month and see the largest petition
ever in canada +it was for our media rights
we won for now,till they change the rules again!

"viva le revolution" worldwide......

my nickel......

vape on peepz vape on

If every vaper, and every one of their family members signed the petition against the ecig ban in Canada.... - .... just sayin....

 

[VAPOINSANO]

If every vaper, and every one of their family members signed the petition against the ecig ban in Canada.... - .... just sayin....

i hear ya kat+have !

i guess we're waiting on the rest ??

just saying+i'm not asking either !

 

[fcitrolo]

I agree we need to keep pushing that petition and calling our MP's.

 

[Switched]

If every vaper, and every one of their family members signed the petition against the ecig ban in Canada.... - .... just sayin....

Then that leaves 78-80% of folks that are non-smokers. Are we smarter than 5th graders or what?

 

[OCanada]

Unbelievable. I can't believe I'm getting so much resistance here at ECF, the heart of the Vaping world. What's wrong with a BIG lawsuit against our enemies?

I really support and appreciate your passion in this matter Razorclaw, I am of the same mind that we must take legal actions if they leave us no choice. Its been somewhat overlooked for some time, now they are trying to put down their foot without any evidence to support their claim. I spoke to a health canada representative who phoned me concerning my imports of nicotine products. I asked her why HC is violating the food & drug act in regards to nicotine inhalation devices with a per dose yield under 4mg. She replied "Oh, well that is different, we're considering e-cigarettes to be a new type of drug, so that doesn't apply" Wow guys, really? So if I add some lemon scent to a street drug, can I call it a new type of windex and legally possess it cause I say its not what it is? Nicotine is nicotine, and the fact that the best excuse for their actions they can produce is "we consider nicotine to be a new drug only in your product" well that is just stupid. As a Canadian citizen I have the right to be given facts to back up any law they put in place, and the truth is, there is no law against nicotine e-cigarettes. Just the food & drug act which is in our favour, there is no official law stating possession of nicotine e-cigarettes is prohibited. Health Canada is attempting to enforce an advisory, a suggestion, and the reason it is still not law, is because it takes facts, and proof to make a law, or to properly ban an actually harmful product. Don't give up buddy, Im selling nicotine e-liquids until they take me to court, I welcome the idea, even with legal aid I think they'd lose with any judge who has any morals, or common sense.