I just read the entire document, and here's my breakdown, but first a couple of quick replys:
I hope they have to repay the buyers of those shipments for loss of sales and loss of product if they were of an earlier model that there is no longer a buyer for. Any Juices that have suffered damage due to storage conditions and the such.
No, the FDA doesn't have to pay a cent. they're covered by being a fedral agency, I can get you the specifics if you like.
So the key words here are "during trial". So, there is going to be a trial now? Or does that mean an appeal process.
Every time I think I understand how things work, reality hits me in the head.
OK, so here's the breakdown, as I read it:
Firstly an overview:
1) FDA blocks imports.
2) They are taken to court over their right to do so (this is still pending)
3) Smoking Everywhere and
njoy call for the injunction - Basically they claimed: "We need our products allowed into the USA because if they aren't allowed in, we will be destroyed as companies, and there is no risk to the public demonstrated"
4) Judge leon has now decided that he will allow the imports, as a) he expects that Smoking Everywhere and
njoy will win their final case, and b) FDA hasn't provided any sort of a solid case that e-cigs are anything other than an alternate way to smoke (and are not drug devices)
And that's it for now.
It means the FDA releases all remaining kept packages (anything held over 90 days was destroyed, unless exported within that time) and will allow future packages in, Until (and unless) the full case is finished with, and the FDA wins and gets to continue. (And, as mentioned, the Judge basically gives them a snowball's chance in hell of winning, unless they come up with a lot more evidence).
Hope that helps clear it up for some, I know there were over a thousand posts to the "Official" thread on this topic, and it's a lot to wade through.
Dan.
