Deeming Regulations have been released!!!!

KODIAK (TM)

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Read the suit again. See down at the remedy section.
The court is under no obligation to consider a lawsuit other than to consider it
worthy of adjudication. If it is considered worthy then the defendant's
offending action which caused the dispute suit will be held back
and the injunction asked for in the remedy section
will be temporarily granted as per the request in the remedy sought section.

Since the all of the items contested and petitioned for in said lawsuit
seem worthy of legal consideration and not frivolous
imho the lawsuit will be considered worthy and said injunction issued temporarily.

Read it again, look at who is representing Nicopure...those guys don't mess around.
What is happening is that they're buying time...
Read the suit again. See down at the remedy section.
The court is under no obligation to consider a lawsuit other than to consider it
worthy of adjudication. If it is considered worthy then the defendant's
offending action which caused the dispute suit will be held back
and the injunction asked for in the remedy section
will be temporarily granted as per the request in the remedy sought section.

Since the all of the items contested and petitioneid injunction issued temporarily.

Read it again, look at who is representing Nicopure...those guys don't mess around.
What is happening is that they're buying time...
Interesting.

So one can assume if there's no temporary injunction prior to August 8, that would imply there's some doubt as to Nicopure's claims.
 

ZeroedIn

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Interesting.

So one can assume if there's no temporary injunction prior to August 8, that would imply there's some doubt as to Nicopure's claims.

No, what it means is that the regulations will go into effect, and certain child-proofing measures on bottles, as well as certain labeling requirements on packaging will need to be made. Business can continue as is until August 2018. That is the date everyone needs to be concerned about.

Personally, I believe NicoPure's suit is meritorious, and will be adjudicated. Further, additional suits will come forth. Legal action takes time, and it hasn't even been one whole month since the Facilitating Death Administration dropped these tyrannical regulations. The situation is dire, but at this moment, a modicum of patience is still warranted, IMHO.

Meanwhile, as the community continues to communicate with our representatives in Congress regarding supporting HR-2058 and the Cole-Bishop Amendment to the Agriculture Appropriations Bill of 2017, requests should be made for a Congressional Review of the Dooming Regulations.
 
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lauragal

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I have just had the misfortune of reading http://www.fda.gov/downloads/TobaccoProducts/Labeling/RulesRegulationsGuidance/UCM499352.pdf Recommended only for masochists.

Even though I'd read quite a bit about this topic, I was still stunned by the magnitude and complexity of the requirements. As many have said, the cost of preparing and submitting a PMTA would be staggering.

How staggering? If you don't have millions to gamble, don't even think of trying. You'd need to start with a law firm specializing in this sort of regulatory law. Then you'd need chemists, biochemists, epidemiologists, physicians, statisticians, a host of researchers in a variety of specialized fields, and God knows what else.
]

And this is why manufacturers and sellers need to band together and form a class action suit - unless they are all staying low-key about what might be in the works, it is my feeling that there is no organization or banding together. The restrictions/PMTA requirements set forth in the FDA deeming IS impossible for single manufactures/distributors to achieve. I'm sure a good lawyer that specializes in regulatory law could easily prove this financial requirement is in effect purposely putting each and every shop/manufacturer out of existence, and of course any judge would recognize this. I cannot believe that the FDA has free reign to set the costs - who the :censored: regulates the FDA????
 

lauragal

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I'm not arguing, because I don't know the law, but that's not what the lawyer from SeviaUSA said. He said an injunction is only granted if the judge believes there is a good chance of the suit winning, and not being granted the injunction could be detrimental to the case, as it shows the judge does not believe the case truly has merit. Or at least that's what I got out of it.

They sure would have a hell of a better chance succeeding if 20 or 30 companies came together and filed suit.
 

lauragal

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I agree. But isn't that what CASAA, AVA, etc....joining to do? I know they are not vendors, but they are trying to rally the people to stand as one and its a start.

Yes, it is a start - but based on public opinion of vapers in general, it's not looking so good for us, and in my opinion we don't have a whole lot of time to sway the population. And as others have confirmed in this thread, even a lot of the local B&Ms and average vaper have no idea what's going on. Don't get me wrong, I believe what CASAA, AVA, etc. are doing will help - but I think right now the manufacturers and vendors need to band together and file a class action.
 

HazyShades

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Interesting.

So one can assume if there's no temporary injunction prior to August 8, that would imply there's some doubt as to Nicopure's claims.
At this point I wouldn't assume anything. There are several balls up in the air
and we should see where at least one of those lands by tomorrow afternoon.
All of Nicopure's claim seem legit to me..the question is will they seem legit to a corrupt justice system..?
 

ENAUD

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Yes, it is a start - but based on public opinion of vapers in general, it's not looking so good for us, and in my opinion we don't have a whole lot of time to sway the population. And as others have confirmed in this thread, even a lot of the local B&Ms and average vaper have no idea what's going on. Don't get me wrong, I believe what CASAA, AVA, etc. are doing will help - but I think right now the manufacturers and vendors need to band together and file a class action.
We really need to have some of the medical community recognize the potential and become vocal about the positive benefits of vaping, There is a lot of mis/dis information out there that has been swallowed up by the populace as fact. Barring our medical community growing a spine and speaking out with authority that e-cigs are safe and can save millions of lives as in the British model. We will never have the public support needed to win this battle. We should be BOMBARDING the surgeon general with letters.
 

The Ocelot

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I agree. But isn't that what CASAA, AVA, etc....joining to do? I know they are not vendors, but they are trying to rally the people to stand as one and its a start.

Don't forget SFATA, it's a trade association.
 

HazyShades

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the manufacturers and vendors need to band together and file a class action.
Indeed. But for the most part what I've seen is that some vendors are using paranoia
to sell more stuff...(vendors who will not be named due to their being registered suppliers here and I don't want my comment misconstrued as being a negative review..)

Frankly, the vape industry resembles the head shop industry of the 70's and 80's
when the gub'min got together to outlaw paraphernalia.
Rather than band together to fight Big Brother it was everyone for themselves.
The only ones fighting this so far are a couple of forums, Nicolabs, and CASAA..maybe the Militia. But even us vapers aren't together. Look at how many members the big vape forums have then look at Lessifer's petition.
Why aren't there over 250,000 signatures on it?
 
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HazyShades

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We really need to have some of the medical community recognize the potential and become vocal about the positive benefits of vaping, There is a lot of mis/dis information out there that has been swallowed up by the populace as fact. Barring our medical community growing a spine and speaking out with authority that e-cigs are safe and can save millions of lives as in the British model. We will never have the public support needed to win this battle. We should be BOMBARDING the surgeon general with letters.
Yea Duane but the medical establishment didn't get together
to fight the insurance cartel or Obummer Care
do you really think most MD's give a crap or want to stop making money from treating cancer patients or are willing to buck the AMA and FDA for the sake of common sense?
 

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