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 Everywheres 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 shouldnt 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
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 Everywheres 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 shouldnt 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