How do you define a ban?

[Sun Vaporer]

No one disputes that the FDA has the authority to ban--that is one of their legistated functions. The issue here is do they have jurisdition to ban. The Senate just answered that question clearly now.

SE and njoy argued that e-cigs are a tobacco product and should fall under the jurisdiction of the ATF. Now that the FDA will be gaining control of tobacco products as well, the issue is rendered moot. No matter what you try to call them, they fall under the FDA's jurisdiction. All the FDA has to do is hold a hearing prior and then act.

In the case of SE and njoy---they argue in the alternative, that the FDA never held any hearing before issuing import alerts to have customs seize e-cigs. Was this procedural defect? Yes. Is it fatal to the FDA's stance that they are illegal and banned---not when the FDA argues in the name of saftey.

Example--if the FDA is apprised that there is lead paint in toy ABC--toy ABC can be banned from sale on the spot and no hearings are needed under the guise of saftey.

So is there a ban in effect? According to the very agency that is charged with banning them---the answer is yes subject to challange by judical action. The fact that the FDA enforced the ban on an ad hoc bases really does fly in the face if exogent circumstances to ban in the name of saftey and hearing should have been held, but that is not likey to save the day--------------Sun

 

[legalsea]

I have read many of the reports about the Senate bill that passed today giving the FDA the power to regulate tobacco.

In the words of Douglas Adams, “Don’t Panic”.

It is not a ‘ban’. I have not seen the actual Senate bill, but from what I have seen from the legislator comments this is giving the FDA power to do many things, but not actually ban tobacco or nicotine.

Phillip Morris would NOT have supported this bill if it would have killed their business. Some have speculated that this huge tobacco company only supported this Bill because it would preserve their stranglehold on cigarette sales. Perhaps.

My point: new laws often have surprising affects. I know that many of you are worried that this Bill will result in a ‘ban’ of electronic cigarettes and/or juice. From what I have read, I think the opposite is true. I think (more gut feeling than anything, based on 54 years of living) that this new law giving the FDA specific powers will, in the end, allow for electronic cigarettes. Anything that will help people quit.

I have lived through other 'laws' that people declared would end our way of life, including smoking, yet life, and smoking, continues.