FDA stopping shipments from china

[IcyShadowz]

OK so im kinda confused i see people still talking about the FDA still stopping orders at customs but then i just got done reading this which happened on January 14, 2010 here is a link to where the Judge Orders F.D.A. to Stop Blocking Imports of E-Cigarettes From China http://www.nytimes.com/2010/01/15/business/15smoke.html So if this is the case did they stop it from being stopped at the border or not

 

[James Wall]

The FDA appealed (sp?) the ruling, allowing them to continue to seize shipments. The oral arguments for the appeal were held yesterday and we are awaiting the decision of that.

 

[IcyShadowz]

So we should know shortly within the next week or so OK thanks James

 

[James Wall]

I wouldn't expect it to be that fast... Take a look at the timeline on this thread as to how long this has dragged on. Ah, Limbo, I love it here.

http://www.e-cigarette-forum.com/forum/casaa/92116-overview-smoking-everywhere-vs-fda.html

 

[Princessdee]

That ruling only applies to njoy, and it is still under appeal.
Anyone other than njoy (if they win the appeal) can still be stopped.

Legally.
Until they go to court and win, too.
Now we all know that's not theway the real world works, but that's what they CAN do if they want to. And right now, they want to.

 

[davidzx]

Since this is the first time electronic cigarettes were ever brought up in court, the ruling with NJOY vs FDA would set the precedent for any other like cases. So if another company would undergo FDA interception - they would have a 97% chance of winning the case and the FDA would be ordered to cease and desist.

So this is the most important case, I'm feeling cautiously optimistic about it.

 

[Princessdee]

Me too, for some reason. I'm thinking we might just have a chance. Dunno why, maybe just being so hopeful is over riding my brain, but I really think when it goes back to the Awesome Judge Leon, he'll find for us.

But technically, they can stop anybody else's stuff they want, that was all I was saying. Some person on here got all irate and wrote the FDA a steaming letter about how it was illegal for them to stop his stuff and that's just not the truth. Not for a while, anyway.

We'll get thru this. But it will be a long time from now and there may have to be some changes, but I don't think we'll have to go underground. That's my thoughts, for what it's worth.

 

[Tampa2]

......We'll get thru this. But it will be a long time from now and there may have to be some changes, but I don't think we'll have to go underground. That's my thoughts, for what it's worth.....

There is a niche in the statute that gives the FDA the option of not banning (or declaring them illegal) just because it would keep the e-cig from going on the black market. But right now the FDA is squarely on the side of big parma and are doing all they can do for them.

 

[thephoenix]

what Tampa2 said!

 

[Vocalek]

I remember the day that Judge Leon filed his ruling and opinion. I happened to be in this forum when the results were posted. There were fireworks going off thorughout the forum along with lots of yays and yippies. What came out of my mouth was: OH. MY. GOD. Followed by, "Thank you, thank you, thank you."