E-cig industry is eagerly awaiting oral argument Thursday before the U.S. Court of Appeals
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Well thats disappointing, not only in the fact, they may not rule, but in the fact only one company remains in the lawsuit. Where are all the Companies at, Why aren't more of them starting lawsuits of their own or banding together for one big one?
Most suppliers simply don't have the cash on hand to jump in on the lawsuit. A lawsuit alone is enough to bankrupt even a medium sized company let alone a mom and pop shop.
That's why I added the banding together part. My question is, when their lively hood has been taken away, then what? You talk about bankrupt, well that's where they are all headed, everyone if something isn't done.
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That is a disappointing press release, and I could see the appellate court passing the buck in this case. Like I stated before, and is stated in the press release those letters from the FDA were possibly the shots across the bow meant to affect the case this month. Don't get your hopes too pinned on anything positive or definitive anyways coming from the case Thursday.
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This is what the best lawyers do. Bury the poor souls under mountains of paperwork and protocol, and wait until they run out of money.
Therefore, the US court system works only for those with the most money. Anyone else can go spit. What a joke.
Therefore, the US court system works only for those with the most money. Anyone else can go spit. What a joke.
it might be important to notice that this is an ASH press release. I'd consider the source before taking it fully to heart. I don't know the legal ins and outs, but ASH does have a history of distorting things e-cig related.
THAT would be the understatement of the year...ASH (and Banzthings) is the king of sensationalism - he regularly distorts, blows facts out of proportion, cherry-picks available facts, and spins one small piece of information into a pile of steaming excrement. He makes the Axis of Evil look TAME in comparison.
I'm still amazed he can type a press release with his head that far up his own backside.
How can the FDA send out letters stating this was a drug delivery device even before there was a ruling on the case.
Family Smoking Prevention and Tobacco Control Act
The FDA will regulate ecigs....the case is to determine how. If their position is upheld, it's game over for the industry.
In my opinion they are attempting (weakly) to strengthen their 'drug/delivery device combo' position as that's the position taken in all of the letters sent. I think they're posturing because they are concerned that they will be slapped back by the Court ... but that could be wishful thinking on my part.
Jan
If that happens, I would hope 100,000 vapers march on DC to show their displeasure.
There is no excuse for suppressing a safer alternative to smoking for financial reasons, it's creeping fascism at it's finest.
IMO we need some type of regulation concerning ejuice. Right now any schmuck can setup a juice business from his kitchen table. Johnson Creek is doing it right.....I would like to see their model as the standard. If the FDA would agree to that, everyone wins.
I really hope everyone doesn't go to Johnson Creeks way of doing it, they changed their recipes and they taste really bad now. Plus that are completely too expensive.
Juice most likely will become more expensive. It costs to run a lab ... and lab standards are only prudent for a product consumed via pulmonary tissue. That is a cost that I will willingly pay for the additional security in protection of my health. That's why we're all here, right ... to protect our health?
Jan
I agree. This is not the first time I've read of someone complaining that JC's liquids are too expensive. And I don't get that. $19.95 for something that lasts upwards of 2 weeks (I get about 2.5 weeks per bottle) is not expensive at all. I actually consider it very inexpensive when compared to the priced of cigarettes. (And note I'm not comparing the costs to the cheap Chinese imported liquids with labels that only say, for example, MLB or CHOC. It's a personal choice, but I will pay more for nicely packaged and properly labeled consumables.)
The problem is, the FDA isn't agreeing to Johnson Creek's model, demonstrated by the letter they received from the administration. I think we all believe that regulation of ejuice is a good thing, however if the FDA has it's way, it won't be regulated but wiped out completely. As mentioned many times before, they could easily regulate it right now under the tobacco act. Obviously regulation isn't their goal.
If the current case goes the FDA's way I personally see things happening one of two ways. Either A) They will regulate e-cigs as a drug delivery device and attempt to shut down the current market. In approximately five to six years time the e-cig will reappear, marketed by Pfizer, restricted to prefilled carts only with extremely low nicotine levels, and costing 5 times what they currently do.
Or, B) A couple of years down the road they will reverse their decision and pull a Stevia ploy, awarding a GRAS (generally regarded as safe) for products developed and patented by the big tobacco companies while still leaving the Chinese and individual made products on the ban lists. For anyone not familiar with it, try googling the history of Stevia. IMHO the similarities between it and the e-cig are somewhat ironic.
When I can buy something that tastes better for 9 yeah its a bit expensive. And my 9.00 stuff has all the correct labling on it, plus the childproof caps.
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