FDA FDA response to lawsuits.
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I am always astounded when I look at the county stats on voting where I live. Only about 33% of the citizens vote.
If this were back in the 70's, the word revolution had some grit behind it. Back then everybody didn't spend all their time shopping w/credit cards and/or behind a computer. I don't exactly see any kind of revolution happening since the society has changed so much from when I was in college and we marched, demonstrated, etc.
"A first attempt to recover the right of self-government may fail, so may a second, a third, etc. But as a younger and more instructed race comes on, the sentiment becomes more and more intuitive, and a fourth, a fifth, or some subsequent one of the ever renewed attempts will ultimately succeed... To attain all this, however, rivers of blood must yet flow, and years of desolation pass over; yet the object is worth rivers of blood and years of desolation. For what inheritance so valuable can man leave to his posterity?" --Thomas Jefferson to John Adams, 1823. ME 15:465
Unfortunately, gov'ts have figured out the above italicized and underlined. They've dumbed down 'instruction'/education though gov't schools and a propagandized higher education that knows nothing of what good gov't is. College students now "march and demonstrate" for "safe zones' where no resistance to their ideas are tolerated.
At least it shows somewhere in th federal government there are judges who are seeing through the slight of hand that is being pulled. No, not a endgame victory but at least a step.
Federal Judge Finds Indiana Vaping Law Unconstitutional
Federal Judge Finds Indiana Vaping Law Unconstitutional
Yes, but it would be a more compelling cause for optimism if the ruling had been based on something other than the supreme power of Congress to regulate interstate commerce. The statute is patently arbitrary, unreasonable, and can't be justified based on any legitimate concern for public safety or health.
Whereas I am Very Pleased with Judge Young's ruling in this suit, I think the title of News Article gives readers a False Sense that Indiana's e-Liquid Law(s) will now be throw out.
Here is Judge Young's ruling...
https://cases.justia.com/federal/di...ce/1:2016cv01514/66209/54/0.pdf?ts=1471684646
And as I understand it, it Only applies to GoodCat.
BTW - I posted this in the Indiana Thread. But it is So Classic that I think Everyone should see it.
Here is a Classic from the Judges Ruling...
26. Although the Act requires that an eligible security firm have employed a certified
Rolling Steel Fire Door Technician for at least a year, the Act does not require an e-liquid
manufacturer to have rolling steel fire doors in its facility. (Hr’g Tr. at 64:10–16).
27. Defendants have no position on how a rolling steel fire door protects against
tampering or adulteration of e-liquid during the manufacturing process. (Stipulated Facts
¶ 11).
https://cases.justia.com/federal/district-courts/indiana/insdce/1:2016cv01514/66209/54/0.pdf?ts=1471684646
Hey it was 3% positive news right?
I'll take any positive news out there right now.
I'll take any positive news out there right now.
Could someone please tell me when these lawsuits go before a judge and how long before a decision is made? Or where on ECF i can find this info? I'd like to keep up with the process.
Sorry if I sound naive or ignorant but I'm totally apolitical so not familiar how these things work.
Sorry if I sound naive or ignorant but I'm totally apolitical so not familiar how these things work.
The next actual "court date" where the parties meet before the judge is in October. Whether or not a decision is made then remains to be seen. You can follow the actual case here: NICOPURE LABS, LLC v. FOOD AND DRUG ADMINISTRATION et al :: District Of Columbia District Court :: Federal Civil Lawsuit No. 1:16-cv-00878 as well as here: NICOPURE LABS, LLC v. FOOD AND DRUG ADMINISTRATION et al (1:16-cv-00878), District Of Columbia District Court
Isn't true that when there are lawsuits against something there is a "stay of execution" sort of speak? If so shouldnt that mean that all FDA decisions should stop from being executed until the courts give a decision? Or is that only in the movies?
I know they can request that the 2018 date be postponed until judgement is passed, but I think that is only if there is a chance of winning - so I would guess it is up to the judge.
I read through the whole "tobacco on trial" paper. Does anyone the writer. Because he's wrong from the first word - it's not tobacco thats on trial it's nic (tobacco only contains about .6-3% nic. I gues some people use the two words interchangeably but that's wrong and adds to the confusion.
Then he goes on to say there are dangerous chemicals in e-cigs. Does any of the 449 pages say what these chemicals are and back up the claims?
Then he goes on to say there are dangerous chemicals in e-cigs. Does any of the 449 pages say what these chemicals are and back up the claims?
TOT is a blog that tracks all tobacco related litigation and has done so going back to 2004. It is not limited to reporting on only e-cig cases. If you only read what appears when you click the TOT link that's an excerpt from the FDA filing. You have to click through to the PDF file to read the complete 102 page FDA motion.
http://www.tobacco-on-trial.com/wp-content/uploaded/2016/08/2016-08-17-nicopure-fda.pdf
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This starts with a device that has no category. FDA says it's not a device for tobacco cessation. What proof do they have that it's not? Do they have numbers or heresay? What percentage of vapers used vaping to quit smoking? Out of all the methods used to quit smoking, how does vaping compare to other method's success After a year? How does 0 nicotine fit under tobacco related products? What about nicotine derived from something other than tobacco? Why didn't FDA create a category for vaping products ? What makes cigarettes legal? Years of research? Did they pass or fail?
Why is the government allowed to dictate what is done with a device that has no illegal parts to it and not used for illegal activities? Why is the FDA not helping push this through to show their support for those who have quit smoking with the help of a vaping device?
This stuff just makes me crazy!
Why is the government allowed to dictate what is done with a device that has no illegal parts to it and not used for illegal activities? Why is the FDA not helping push this through to show their support for those who have quit smoking with the help of a vaping device?
This stuff just makes me crazy!
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