Does this seem right to you?

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bluecat

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So would Many People.

My only problem is when the Projected Cost has More than Tripled, and we haven't even started Yet, why Haven't they Revised the Projected Ticket Price the Public was Told that it would be?

You want to know how we do Public Transportation Projects in California. And How Much they Really Cost. Read a Little about the SF/Oakland Bay Bridge.

It will Blow your Mind.

:blink:
Hey man.. we are going through that now in cincinnati. It's crazy. Ours is a streetcar system that will somehow save us. Needless to say there is a pothole on 75 300 feet wide. A little exaggerating but still.
 

bluecat

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I understand that many of you wish that taxation can not be enacted without further legislation. I just don't agree with you. I think once eliquid and or vaping is deemed as tobacco, tobacco laws... including at least federal taxation of tobacco products will not take additional legislation to enact. It will only require a eliquid equivalency to traditional tobacco products (a pack of cigarettes?) by the FDA to be taxable under current tax regulations. I hope you are all right and I am totally off base here... I just don't thinks so. Time will tell, but don't be shocked if it happens. After all, this is all about revenue not the children.

you are right but from a different angle in my mind. There are many things that I would have thought they couldn't do. A CA is one of them. It should have been thrown just because how convoluted it was . Time will definitely tell and that is why we need to be diligent. CASAA is doing a great job.
 

caramel

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So would Many People.

My only problem is when the Projected Cost has More than Tripled, and we haven't even started Yet, why Haven't they Revised the Projected Ticket Price the Public was Told that it would be?

You want to know how we do Public Transportation Projects in California. And How Much they Really Cost. Read a Little about the SF/Oakland Bay Bridge.

It will Blow your Mind.

:blink:

If Public Transportation is really such a great and cost effective solution as they use to say, how comes it always need to be subventioned?
 

DC2

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I understand that many of you wish that taxation can not be enacted without further legislation. I just don't agree with you. I think once eliquid and or vaping is deemed as tobacco, tobacco laws... including at least federal taxation of tobacco products will not take additional legislation to enact. It will only require a eliquid equivalency to traditional tobacco products (a pack of cigarettes?) by the FDA to be taxable under current tax regulations. I hope you are all right and I am totally off base here... I just don't thinks so. Time will tell, but don't be shocked if it happens. After all, this is all about revenue not the children.
I think 2009 was the last time Congress passed legislation that affected tobacco taxes.

Here is some reading on a particularly nasty bill that was recently introduced...
Federal Bills Would Substantially Increase Tobacco Taxes and Allow New Taxes on Electronic Cigarettes — Troutman Sanders Tobacco Team
Senate Bill 194 would:
  • Authorize the Treasury Department to impose federal excise taxes on e-cigarettes (also at a rate equivalent to cigarettes) if FDA deems e-cigarettes to be “tobacco products.”
Thankfully that one didn't go anywhere.
 
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Jazzman

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I think 2009 was the last time Congress passed legislation that affected tobacco taxes.

Here is some reading on a particularly nasty bill that was recently introduced...
Federal Bills Would Substantially Increase Tobacco Taxes and Allow New Taxes on Electronic Cigarettes — Troutman Sanders Tobacco Team

Thankfully that one didn't go anywhere.

Yeah DC2, but vaping wasn't a tobacco product then. If the deeming regs pass then I'm afraid it will be an entirely different story. If the regs pass, then vaping products WILL be the same as a pack of smokes. It's a game changing event I'm afraid. In 2009 vaping was dismissed as a medical device in a court of appeal, but there was no authority under the tobacco laws. That's what the deeming regs seek to change. That's when the FDA gloves come off. I have no doubt the FDA has had a hard on for vaping since they were slapped down in 2009 when they wanted vaping under their jurisdiction as a medical cessation device. If the regs pass and vaping products are deemed as tobacco, I don't see any hurdles in the way to treat it as tobacco as far as federal taxation is concerned without further regulation being needed. And there won't be any of those pesky little regulatory issues in their way to enact much more stringent controls on vaping as Mitch Zeller has already confirmed he will see enacted.

I guess we'll see how it all plays out, but I do not have an optimistic view of our vaping future. It won't keep me from fighting for the best outcome, but I'm not truly optimistic at this point.
 
Well, we keep going back to that ruling in court that said e-cigs weren't medical devices. What's to stop that exact thing happening all over again, saying that e-cigs are not tobacco either?

Andria
The government getting .... hurt over lost tax revenue?
 
Seems to me, in the system of Checks and Balances, the power of the Judiciary trumps everything else.

Andria
The system of checks and balances only works if they don't figure out that if they work together they can and will beat the system...sadly they've figured it out decades ago...they just choose when to blatantly rub our noses in it and I see vaping being one of those times
 

Jazzman

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Seems to me, in the system of Checks and Balances, the power of the Judiciary trumps everything else.

Andria

Good point Andria. If the congress lets the FDA proposal enact without action, the only recourse will be the judiciary branch, just like 2009. It will take deep pockets to fight the fight and I hope someone like Njoy comes to our defense again because that battle won't be easy or cheap. But you are right, the game isn't over until we challenge at the judiciary level. Of course Obama could stomp this down through Executive action, but I just don't see him doing that.
 
Good point Andria. If the congress lets the FDA proposal enact without action, the only recourse will be the judiciary branch, just like 2009. It will take deep pockets to fight the fight and I hope someone like Njoy comes to our defense again because that battle won't be easy or cheap. But you are right, the game isn't over until we challenge at the judiciary level. Of course Obama could stomp this down through Executive action, but I just don't see him doing that.
I can...if it involves taking away the american people's freedom he will do it
 

zoiDman

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Good point Andria. If the congress lets the FDA proposal enact without action, the only recourse will be the judiciary branch, just like 2009. It will take deep pockets to fight the fight and I hope someone like Njoy comes to our defense again because that battle won't be easy or cheap. But you are right, the game isn't over until we challenge at the judiciary level. Of course Obama could stomp this down through Executive action, but I just don't see him doing that.

Doesn't a Court have to be Willing to Hear such a case first.

I mean, if you want to bring a case saying that the FDA doesn't have the Authority to Deem e-Liquids that contain Nicotine that were Derived from Tobacco Plants as a "Tobacco Product", but a Higher Court has Already Ruled that they do, will the Lower Court hear your Case?
 

Jazzman

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I can...if it involves taking away the american people's freedom he will do it

It is possible Mitchell. And I can tell you I would give a huge amount of respect to our president if he did this. I really don't believe he will, and it would be nothing but a footnote in history, but it would make a very big difference in how I view Obama's legacy going forward.
 

caramel

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Doesn't a Court have to be Willing to Hear such a case first.

I mean, if you want to bring a case saying that the FDA doesn't have the Authority to Deem e-Liquids that contain Nicotine that were Derived from Tobacco Plants as a "Tobacco Product", but a Higher Court has Already Ruled that they do, will the Lower Court hear your Case?

So when did the Higher Court do that?
 

Jazzman

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Doesn't a Court have to be Willing to Hear such a case first.

I mean, if you want to bring a case saying that the FDA doesn't have the Authority to Deem e-Liquids that contain Nicotine that were Derived from Tobacco Plants as a "Tobacco Product", but a Higher Court has Already Ruled that they do, will the Lower Court hear your Case?

I think a lower appellate court would be required to hear a challenge to the regs, but if it passed a lower court the Supreme court could decide to hear the case or leave standing the ruling of the lower appellate courts findings. IANAL, but this is my understanding.
 

zoiDman

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I think a lower appellate court would be required to hear a challenge to the regs, but if it passed a lower court the Supreme court could decide to hear the case or leave standing the ruling of the lower appellate courts findings. IANAL, but this is my understanding.

I though Appellate Courts only heard Appeals on Lower Court Rulings?
 

zoiDman

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Holy crap, Zoid's still at it. I gotta give it to ya, buddy, ya got stamina even Rocky would be jealous of. Wow. 57 pages.

It's a Good Thread. And Lots of Good Related Topics have Come up.

I don't think anyone is Even talking much about Labels much anymore.
 
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