So in court you could say that vaping is safer and healthier than cigarettes and the jury would find that statement true with no reasonable doubt?
MIshmash of legal ideas, there, Kate.
In court I would have no standing to testify on the safety of anything, since I have no medical or scientific background. The most I could testify to is my belief, like I did in my post.
Reasonable doubt is the standard for criminal prosecution. It's the highest standard in the court system. Most other matters follow the preponderance of the evidence test. The side with 51% of the evidence, the side that proves their point JUST a little bit more, wins.
And, yes, I think that we could meet that standard. With qualified expert witnesses, of course.
Lastly, it's doubtful there would be any jury involved. If someone were to, for example, sue for an injunction against the FDA banning e-cigs pending studies, it would be before a judge. Or maybe a panel of judges. Not sure with the FDA.
But if a jury was involved, that could help or hurt. They might be easier to convice than a judge, easier to appeal to emotion, buffalo with statistics, and generally manipulate. Course, the other side would be trying to do all that, too. So, maybe better to stick with the judge.