FDA Sued Over Electronic Cigarette Embargo
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I once knew a gay trainee priest called Vinny.
Just thought I'd share that with you
Gee, thanks!
You have to see that movie "My Cousin Vinny"... it is very colloquial '70's Americana so there may be some nuances one who doesn't live here (or even in New Yawk) might miss, but I thought it was clever and plausible.
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I once knew a gay trainee priest called Vinny.
Just thought I'd share that with you
Vinny the Gay Priest-in-Training...
sounds like a Saturday Night Live character.
E-Smoke, My Cousin Vinny is what popped into my head when I first read SE was suing the FDA lol. Definitely not a good thing!
Firstly, if you are trying to argue that it's bad for 'e-cigarettes as a whole' to argue that they are tobacco products, its moot. The case is under way.
Secondly, If SE loses this case it will further embolden the FDA to stomp out e-cigs.
Also for those of you who are worried about smoking bans. If SmokingEverywhere wins their case it is the next logical step for them to argue for an e-cigarette exception to the bans.
The waxman bill is still a problem. However its just as much of a problem if we are a tobacco product or not. It is targeting all products that contain nicotine. If it passes the FDA will regulate cigarettes. However, I understand that the waxman bill prevents the FDA from taking cigarettes off the market. We may fall under that protection as well.
I am rooting for SE because it really looks like the best shot we have.
Secondly, If SE loses this case it will further embolden the FDA to stomp out e-cigs.
Also for those of you who are worried about smoking bans. If SmokingEverywhere wins their case it is the next logical step for them to argue for an e-cigarette exception to the bans.
The waxman bill is still a problem. However its just as much of a problem if we are a tobacco product or not. It is targeting all products that contain nicotine. If it passes the FDA will regulate cigarettes. However, I understand that the waxman bill prevents the FDA from taking cigarettes off the market. We may fall under that protection as well.
I am rooting for SE because it really looks like the best shot we have.
Vinny the Gay Priest-in-Training...
sounds like a Saturday Night Live character.
E-Smoke, My Cousin Vinny is what popped into my head when I first read SE was suing the FDA lol. Definitely not a good thing!
Father ..... Sarducci tole-a me about a-him.
regarding whether or not it's a tobacco product and the last 11 or so pages -
this case isnt about getting it legally defined as a cigarette, per say. Though it would set a precedent, theyre arguing that the embargo should be lifted because ecigs havent been marketed as a quit smoking device and because they should be considered as being equivalent to a tobacco product and thus untouchable by the FDA.
Also part of their argument consists of ecigs being an extension of smoking for allowing people that enjoy smoking to use nicotine in places that traditional smoking isnt allowed.
this case isnt about getting it legally defined as a cigarette, per say. Though it would set a precedent, theyre arguing that the embargo should be lifted because ecigs havent been marketed as a quit smoking device and because they should be considered as being equivalent to a tobacco product and thus untouchable by the FDA.
Also part of their argument consists of ecigs being an extension of smoking for allowing people that enjoy smoking to use nicotine in places that traditional smoking isnt allowed.
Just wondering...how is an E-cig NOT a "nicotine delivery device?" Isn't that what most e-smokers use it for? The lawsuit papers frequently state that, in the opinion of S.E., E-cigs aren't nicotine delivery devices, and yet they describe how a user inhales a vaporized nicotine liquid. What am I missing?
And nicotine and tobacco are two different monsters! Folks don't want it "linked" with tobacco.
I would think that the Court would consider them to be a nicotine delivery device too. I just can't understand why S.E. would keep stating that they aren't.
Functionally equivalent to a traditional tobacco cigarette = "Tobacco" even if there's no real tobacco present at all. How is it functionally equivalent? It delivers a multi-sensory simulation of the physical, psychological and psychopharmacological experience of smoking a traditional tobacco cigarette without being clearly lethal, dangerous and unsafe. It's the quality of the experience. The "tobacco" experience. Here is a much less risky and dangerous version of that experience.
Jimi Hendrix comes to mind now and how about those Fabulous Flames. Like Vinny the gay apprentice priest, perhaps - he was young and passionately troubled - but what a soul to be lost to us so early. I knew a guy like Vinny, he became a priest and later died of HIV. It was sad. He was part of a circle of friends who knew him well. Brother Jonathan, rest in peace, you have taught us much.
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I'm surprised so many are jumping on board here. Classified as a tobacco product is probably the worst outcome outside of controlled substance. As an NRT, once the proper testing is done, e-cigs are golden. What is caffeine classified as? That's what we should be seeking parity with.
OK, My several cents on the issue, I missed about the last 5 pages of stuff because I got tired of reading the same things over and over again. My thoughts are as follows.
(1) Tropical Bob is almost ALWAYS negative, but occasionally has good points...get over it.
(2) If you write to the judge TELL THE TRUTH. The truth can not hurt our case...if you smoked 2 packs a day and this product has either lowered that number or eliminated analogs that is a good thing.
(3) Call it whatever you want...The electronic cigarette/personal vaporizer has changed me from a two pack a day smoker to a NON SMOKER. I am a diabetic, my doctor wanted me to quit smoking and i tried. This device from day 1 replaced analogs completely.
(4) If you have an question by all means ask about it, but if you are not a lawyer stop trying to interpret the law. Thats why we have lawyers, judges and the such. If you ARE a lawyer and practice this sort of law by all means speak up.
(5) The laws of this nation are a "living document" meaning they are always being interpreted and changing. Hopefully we can get the FDA stopped, then later we can deal with what this thing actually is, however if the judge sides with SE not only will THEIR shipments be released, everyone elses will also.
I know it can be hard at times, but TRY to be positive, it really ...... me off when all I read are people stating their opinion (disguised as fact) dragging everyone down. Last time I checked we were all on the same side??
Again, just my 2 cents.....donning my asbestos suit, flame away.
John
(1) Tropical Bob is almost ALWAYS negative, but occasionally has good points...get over it.
(2) If you write to the judge TELL THE TRUTH. The truth can not hurt our case...if you smoked 2 packs a day and this product has either lowered that number or eliminated analogs that is a good thing.
(3) Call it whatever you want...The electronic cigarette/personal vaporizer has changed me from a two pack a day smoker to a NON SMOKER. I am a diabetic, my doctor wanted me to quit smoking and i tried. This device from day 1 replaced analogs completely.
(4) If you have an question by all means ask about it, but if you are not a lawyer stop trying to interpret the law. Thats why we have lawyers, judges and the such. If you ARE a lawyer and practice this sort of law by all means speak up.
(5) The laws of this nation are a "living document" meaning they are always being interpreted and changing. Hopefully we can get the FDA stopped, then later we can deal with what this thing actually is, however if the judge sides with SE not only will THEIR shipments be released, everyone elses will also.
I know it can be hard at times, but TRY to be positive, it really ...... me off when all I read are people stating their opinion (disguised as fact) dragging everyone down. Last time I checked we were all on the same side??
Again, just my 2 cents.....donning my asbestos suit, flame away.
John
Well short-term profit may be the goal for SE, this will likely be quite costly for these folks. Maybe thats why they've been charging more for their equipment, hiring some top-drawer lawyers! Good-luck to them though, hopefully they can back up their sales claims with some factual data.
What's the big deal? I'm smoking a Pepsi or a Red Bull. I like it.
I'm kinda scared redardless of the outcome. Government involvement is bad. I'm for private enterprise and let the better companies take the market. As we know the good survive, and the bad will (eventually) fail (smokeing anywhere). No more government entities. too much restrictions and regulations
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