I seen the post by Bill in the other thread and and was dumb founded. I tagged him
and asked for clarification. Bill implied in his post (which i have seen repeated on comments
on a least one other site) that the FDA was planning to do this.
My concerns and conclusions are the same as many of you have posted.
If a B&M is mixing juice they simply are just another manufacturer like any
other manufacturer as defined in the reg.'s. Mt. Baker fills orders as they
are received. I am pretty sure they are mixed as ordered upon confirmed order.
Bottled,packaged and out the door. I believe there system is highly automated
and needs not to depend on pre-bottled stock in every conceivable blend of
the products they sell. My conclusion is if the FDA thinks they can just
walk into B&M's and shut down there mixing or re-bottling operations,
They have to stop Mt. Baker also as the B&M's and Mt.Baker for all
intents and purposes are in the same legal classification. They are both
manufacturers of tobacco products.
If Bills sources are right I for one hope the FDA tries to close down the
B&M's. I am not a lawyer and have never had any formal legal education
but, even I can say with confidence this would be at minimum a violation
of the equal protection under the law clause. If challenged in court it could
jeopardize the whole deeming process. Can you imagine the reaction of
all the clueless customers ? While imagining the reaction of all the cloud
bro's I am conflicted to whether or not I should laugh or cry.
Regards
Mike
YOU!
