This is great news. now they must take it to the Supreme court if they want to continue
E-Cigarette Industry Wins Federal Court Victory - WSJ.com
E-Cigarette Industry Wins Federal Court Victory - WSJ.com
FDA loses appeal today!
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Good news. I wonder if they'll appeal to SCOTUS or just keep seizing shipments under the radar.
So what effect does this have on these Bans that NY just voted on, does it make them feel like there walking with there tails between there legs now and on Big tobaccos side only, or does it make the next vote look better for us, or will they just keep plugging away state by state to try and Ban ecigs one state at a time with Big tobacco and Big Pharma paying there lobbyist and keeping them on the payroll for these big companies trying to fleece govt officials and giving them perks to vote against ecigs so there perks to keep coming in.?
Yeah, I wonder how and if this will change anything. They seem to want to ban/control this almost to the point of insanity, so keep your guard up and keep up the good fight.
Great news...thanks for the update...
edit - by the way the WSJ aricle allows comments on this. Four e-cig users commented positively. Might not be a bad idea for everyone to register (its free) and comment...
edit - by the way the WSJ aricle allows comments on this. Four e-cig users commented positively. Might not be a bad idea for everyone to register (its free) and comment...
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As far as individual states go of course they can always decide for themselves, but if this decision had gone the other way then that would have stopped those states having their own choices.
As far as hanging on to the tax revenues of tobacco, there is no reason why nicotine itself can not be taxed, though of course I prefer it not to be, if those states felt that the only way they could afford for these people to be healthier was to tax it. "Tax revenue" is a pretty poor excuse for trying to stop the move away from tobacco itself and on to tobacco derived nicotine juice.
This is also a very important decision for all other countries, especially those with social health care as their main health care program. The tax revenue from tobacco for these countries is actually negative in the long term due the increased costs of health caused by tobacco. If the FDA had won, then there would have been pressure on every other country to follow suit in banning e-cigs.
Does this mean that the shipments that the FDA has confiscated at customs sine December will be released?
The FDA has now (several times) been shown that they had no right to sieze shipments in the first place. Assuming that siezed shipments got destroyed as contraband....why can't companies sue the FDA for losses on illegally siezed and destroyed property?
Any legal minds want to comment?
Any legal minds want to comment?
As an agency of the federal government, the FDA enjoys sovereign immunity. That's why it cannot be sued for monetary damages. And that's why the SE & Njoy lawsuit was grounded in a request for an injunction only (and of course an accompanying legal ruling regarding whether the FDA had the authority to regulate the suing company's e-cig products under the Food Drug and Cosmetic Act, or not.
I would probably start persuing compensation from the vendor at this point, and ordering from US vendors 'till the issue regarding the FDA's involvement is settled.
they'll probably pass some law that will allow the feds to tax the hell out of pv related things
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