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FDA Sued Over Electronic Cigarette Embargo

Discussion in 'Legislation News' started by Sun Vaporer, Apr 29, 2009.

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  1. Sun Vaporer

    Sun Vaporer Moved On ECF Veteran

    Jan 2, 2009
    As reported here, Smoke Everywhere filed suit against the FDA yesderday, claming the FDA has overstepped its regulatory authority by banning shipments of the devices and insisting they need to go through the drug approval process.

    The suit was filed in the U.S. District Court for the District of Columbia and argues that:

    "the FDA has overstepped its regulatory authority by banning shipments of the devices and insisting they need to go through the drug approval process.....

    Smoking Everywhere’s lawyers from Thompson Hine point out that in 2000, the Supreme Court ruled that the FDA did not have the power to regulate ordinary cigarettes. Therefore, it shouldn’t be allowed to clamp down on their high tech counterparts, the lawyers argue.

    “There are a series of laws and regulations pertaining to the advertising and distribution of regular cigarettes that we believe are more appropriate for this particular product, and those laws and regulations are largely administered by the Federal Trade Commission,” says Walt Linscott, an Atlanta-based partner at Thompson Hine."

    Game on my friends----------Sun

    See The BLT: The Blog of Legal Times : FDA Sued Over Electronic Cigarette Embargo
  2. Kate

    Kate Moved On

    Jun 26, 2008
    Thanks for the news Sun. It's about time this was taken to court to clear up the issue once and for all.
  3. Krakkan

    Krakkan Unregistered Supplier ECF Veteran

    Feb 22, 2009
    New Orleans, LA
    I was just about to post this article lol it has begun :)
  4. bri1270

    bri1270 Super Member ECF Veteran

    Feb 26, 2009
    Massachusetts - USA
    Nice - Unfortunately, If/when the Waxman Bill passes in the senate, the FDA will have regulatory authority over tobacco ciagarettes...then what?

    Don't get me wrong, I like the news...I like it a lot!!!
  5. nitewriter

    nitewriter Ultra Member ECF Veteran

    Awesome news! Lets keep watch on what happens and keep our fingers crossed!

    Thanks Sun!!!
  6. Boston George

    Boston George Unregistered Supplier ECF Veteran

    Mar 31, 2009
    Rochester, NY
    we shall fight on the beaches,
    we shall fight on the landing grounds,
    we shall fight in the fields and in the streets,
    we shall fight in the hills;
    we shall never surrender.

  7. luvmyvapor

    luvmyvapor Senior Member ECF Veteran

    Mar 28, 2009
    Texas, USA
    Do you think that with the pending suit that the FDA may ease up on the seizures?
    That would be cool :D
  8. OutWest

    OutWest Unregistered Supplier ECF Veteran

    Feb 8, 2009
    Oklahoma USA

    Now if we can just manage to get some Senators to file indefinite holds on the Waxman bill, we might have a chance.
  9. StudioKraft

    StudioKraft Full Member ECF Veteran

    Apr 1, 2009
    NJ, USA
    Yes, especially since it seems that the argument from the Smoking Everywhere lawyer is to equate PVs with cigarettes:

    I see a bad precedent coming if the court agrees with them, but even more problems if they don't.
  10. LuckySevens4U

    LuckySevens4U Ultra Member ECF Veteran

    Mar 8, 2009
    This is actually good news in a way, BUT if the FDA does get control over ciggys with the new law, then we could be screwed. I agree that they don't have the right currently.
  11. Wildsky

    Wildsky Ultra Member ECF Veteran

    Mar 9, 2009
    Best news of the day right here!
  12. esmok-e

    esmok-e Moved On

    While I'm not thrilled with their product or kiosk kooks, I give them a major KUDO on this! SE split from Smoke Fifty One last year so we have that in common... long story for another time.



  13. Caesarea

    Caesarea Vaping Master ECF Veteran

    Mar 12, 2009
    I wish them luck. Is the U.S. District Court for the District of Columbia a good venue for this??

    Being an ignorant Brit I guess that is in Washington DC?????

  14. Jim Davis

    Jim Davis Vaping Master ECF Veteran

    Good news! The only thing that I didn't like about the article was "and their makers market them as a risk-free way to get a nicotine buzz"

    I don't vape to get a "buzz", and I never smoked to get a "buzz".
  15. Drewsworld

    Drewsworld Resting In Peace

    Mar 14, 2009
    New Jersey
    I think some one should start a collection to help the cause...or possibly alert the ECA for potential collabrative measures
  16. syntaxevasion

    syntaxevasion Unregistered Supplier ECF Veteran

    May 17, 2008
    Jacksonville, FL
    Wow, I'm actually rooting for the competition...
  17. Blue Knight Max

    Blue Knight Max Super Member ECF Veteran

    For all the rant they got from many of us here on this forum, isn't it Ironic how they were the ones to step up to the plate and actually file a lawsuit?

    I'm sure it's to save their business but now is the time for all suppliers to put competition (and their differences) to the side and join forces with Smoking Everywhere in this lawsuit.

    United we stand, Divided we fall.
  18. bizzyb0t

    bizzyb0t Super Member ECF Veteran

    Mar 13, 2009
    Denver CO, USA
    This sue job seems like a mixed bag to me.

    On one hand, we have the possibility of it making shipment of our precious e-cigs easier to get into the country... on the other hand if they're aligned with cigarettes, they might end up being taxed like cigarettes and tobacco products.

    I'm very annoyed that it seems impossible to separate the devices from the liquid.
  19. Jim Davis

    Jim Davis Vaping Master ECF Veteran

    They *will* end up being taxed like tobacco products. This isn't a health & safety thing. It's all about the money.
  20. ZambucaLu

    ZambucaLu ECF Guru ECF Veteran

    Supporting member
    Nov 23, 2008
    Central NY, USA
    Waiting for Njoy to jump on this bandwagon too, with their attorneys. Unless they're going to wait to see what happens with SE?

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