What should be Alarming is when Laws are Vague enough, or when New Legislation hasn't kept pace with Markets/Society that Judges need to Extend as much Judicial Deference as many Judges feel that Should/Have to/Can.
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I think it would be Interesting to Step Back for a Moment and consider How Viable a prescription e-Cigarette would be as a Drug Deliver System (DDS) while Co-Existing in parallel to e-Cigarettes as tobacco Products in the tobacco Product Market?
Because is that what Our FDA Commissionaire is advocating as a Possibility?
Or is Scott attempting to Open a Legislative door which would provide a Solution to His Epidemic?
Or, perhaps, something else?
Laws today are intentionally vague to allow the bureaucracy to "interpret " congressional intent. Congress is quite happy to allow the bureaucracy to impose the rules as they see fit.
I suspected this was coming about a month ago when a media Doctor wrote an opinion piece in the Wall Street Journal about a month ago. While admitting vaping is an alternative to smoking, we must protect the children. If you need a vape, "I will write a prescription for you". BP will then create some abomination.
See, we heard your concerns.