FDA Sued Over Electronic Cigarette Embargo

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Rookie

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Apr 19, 2009
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In SE's Memorandum in Support of their Motion for injunctive relief, SE says:

"Electronic cigarettes are made from tobacco and are the functional equivalent of traditional cigarettes and should be regulated in the same manner as traditional cigarettes.”



My E-Cig is made out of metal and plastic. If used with No=Nic liquid where is the tobacco connection?:confused:

So they would fall under the same import regulations? What are the regulations on the importation of tobacco products from China?
 

Sun Vaporer

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[/i]


My E-Cig is made out of metal and plastic. If used with No=Nic liquid where is the tobacco connection?:confused:

So they would fall under the same import regulations? What are the regulations on the importation of tobacco products from China?

Rookie--good point--but look at the oppositons rebutal--Is your gun no longer a gun just because you but blanks in it? See how they twist things. But I do see your point and agree.-----Sun
 

Kendra

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[/i]


My E-Cig is made out of metal and plastic. If used with No=Nic liquid where is the tobacco connection?:confused:

So they would fall under the same import regulations? What are the regulations on the importation of tobacco products from China?
this is my point, too. I think they should be arguing the electronic cigarette as a vaporizing device or even a substitute smoking device and the cartridges completely separately.

I guess if the nicotine is derived from tobacco, then this would be a tobacco-derived product. . . but just the cartridge liquid. The actual e-cig should be treated separately.

I just don't see how stating this is in any way related to tobacco (if it's actually not) is helpful in light of the Waxman bill that may be passed.
 

Vicks Vap-oh-Yeah

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Rookie--good point--but look at the oppositons rebutal--Is your gun no longer a gun just because you but blanks in it? See how they twist things. But I do see your point and agree.-----Sun


A rebuttal to your rebuttal...

What does a gun with blanks do? It's a toy, a novelty device, and changes its entire makeup.....

Just because it still looks like a gun, the bullets are what matter.



Soooooo - just because it looks like a cigarette, what you put in it is what matters.... and if I choose to put PV, VG, and flavorings in it, which are all GRAS - why should the FDA tell me I can't? I've known vegans with weirder diets......


I agree with some of the others here - the device and the liquid should be separated
 
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DisMan

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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!!!

Then the lawsuit will fall under any grandfather clauses and the regulation of e-cigs will fall under current law, locking the FDA out of e-cig regulation authority.

It's a win-win situation.
 
I had a thought on this, kinda cheesy, but what if we as ecig users post a 45-60 second vid on youtube; introducing ourselves, our struggles to quit smoking, and your feelings on the FDA trying to take this away from us. Of course we should strive to avoid anything that could cast ecig' smokers in a bad light. Just include your own personal feelings, no FDA name calling, theories on why they are doing it, and most of all....No threats.

The youtube video could then be compiled, torrented, burnt, Make the video popular. Send the video to various politicians so they understand that there is a great number of people whom this would affect, SE could use it in their suite I guess, though I dont see where it would figure in.

Most importantly, it would show those still not familiar with the ecig that the ecig is a wonderful device and not the new age crack pipe that the FDA is trying to make it out to be.

Like I said, short videos, 45-60 seconds, keep it clean, and we need to post the video with a keyword that is going to be unique to ecig users, making the videos easier to find for all.
 

Webby

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Hmmm...is twenty two considered "a lot" ? :rolleyes:

Actually, one of our partners is an atty but he quit eating kittens a few years ago so I don't know if he's in good standing with the legal community. The password seems to be "general liability insurance"

Until there is a law passed (which doesn't seem far off) they are still in limbo...
 

Sun Vaporer

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A rebuttal to your rebuttal...

What does a gun with blanks do? It's a toy, a novelty device, and changes its entire makeup.....

Just because it still looks like a gun, the bullets are what matter.



Soooooo - just because it looks like a cigarette, what you put in it is what matters.... and if I choose to put PV, VG, and flavorings in it, which are all GRAS - why should the FDA tell me I can't? I've known vegans with weirder diets......


I agree with some of the others here - the device and the liquid should be separated


Vicks--So do I, I am just saying what the FDA's argument will be. But SE does not sell anything but prefilled cartridges nor do they sell their kits without nicotine cartridges--so they used poor planning in trying to market the device to begin with.


If I have said it once, I have said it at least 30 times thoughout the months---the starter kits should have all been sold with no-nicotine cartridges and if you want nicotine--then that should have been a seperate and distiinct sale. -----Sun
 

Chevron07

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Mar 1, 2009
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I had a thought on this, kinda cheesy, but what if we as ecig users post a 45-60 second vid on youtube; introducing ourselves, our struggles to quit smoking, and your feelings on the FDA trying to take this away from us. Of course we should strive to avoid anything that could cast ecig' smokers in a bad light. Just include your own personal feelings, no FDA name calling, theories on why they are doing it, and most of all....No threats.

The youtube video could then be compiled, torrented, burnt, Make the video popular. Send the video to various politicians so they understand that there is a great number of people whom this would affect, SE could use it in their suite I guess, though I dont see where it would figure in.

Most importantly, it would show those still not familiar with the ecig that the ecig is a wonderful device and not the new age crack pipe that the FDA is trying to make it out to be.

Like I said, short videos, 45-60 seconds, keep it clean, and we need to post the video with a keyword that is going to be unique to ecig users, making the videos easier to find for all.

Personally I think this is a great idea and exactly what is needed. Anyone want to volunteer as an organizer/administrator? Someone who can come up with some good guidelines, and knows youtube well enough to tell us how to tag/label our videos so they all come up as a group on youtube.

Maybe even some tips on creating a youtube video with a webcam or something easy (since most laptops have one built in these days).
 
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