Judge Leon doesn't seek FDA love...

[ScottB]

Sheesh... FDA can't catch a break...

Judge blocks graphic cigarette label images - Business - US business - msnbc.com

 

[TheIllustratedMan]

Just read that, and some of the comments. Everyone seems to be focused on whether or not the tobacco companies should have to put graphic images on their packaging.
That's not the point.
The point is that THESE SPECIFIC images and captions are promoting an agenda (ie: quit smoking) and not simply conveying the risks of using the product. While there will be an implicit message with any warning of the dangers of the product (ie: don't use this), these cross the line into explicitly telling you to not use it.
Can you imagine if the government required soda companies to put big labels on every bottle saying not to drink it? Not only would there be an outcry, but soda sales would go through the roof.
Convey the pertinent information in the labeling, and leave the message implicit, not explicit.

 

[Bill Godshall]

Judge Richard Leon's decision is at

View attachment 61334

 

[Bill Godshall]

Please note that in another lawsuit by cigarette companies challenging the graphic warnings on cigarette packs (among other things), federal Judge Joseph McKinley upheld the constitutionality of the graphic warning labels.
http://www.tobaccofreekids.org/pressoffice/district_court_opinion_01052010.pdf

Presuming the FDA appeals Judge Leon's ruling, an appeals court will consider and rule on the merits of the different decisions by McKinley and Leon.

I believe that the appeals court will side with McKinley's decision over Leon's, but I've been wrong before.

 

[James]

Perhaps someone should point out that research suggests graphic warnings increases nicotine cravings, not decreases them!

 

[Vocalek]

I will get out my violin and play hearts and flowers for the FDA the minute they remove their oft-cited press release from the web site. They will also need to issue a public statement that their testing found no more "known carcinogens" in e-cigarette liquid than is contained in FDA-approved nicotine replacement products.

They also might mention that 10 mg of diethylene glycol in a day's worth of e-cigarette liquid (1% of 1 gram of liquid) is not enough to harm a mouse, since the No Observable Adverse Events Level (NOAEL) is 850 to 1000 mg/kg bw/d for oral administration.

And finally they might point out that

• no DEG was detected in the vapor,
• it is uncertain whether DEG would vaporize at the temperatures used in e-cigarettes,
• and that daily exposure of mice, rats, guinea pigs, rabbits and cats to an atmosphere with DEGEE for 12 days was reported not to cause adverse event.

http://ec.europa.eu/health/ph_risk/committees/04_sccp/docs/sccp_o_082.pdf

 

[Bill Godshall]

A potential silver lining for e-cigarette manufacturers, importers and consumers in Judge Leon's latest ruling (i.e. striking down the Constitutionality of the FSPTCA's provision requiring color graphic warnings on cigarette packs) is that the FDA may decide to further delay (or even scrap) its previously stated plans to propose a regulation that would apply Chapter IX of the FSPTCA to e-cigarettes and other currently unregulated tobacco products.

E-cigarette prohibitionists want the FDA to propose and approve new regulations (to apply Chapter IX to e-cigs) during the next 14 months (while Obama is still President), as a Republican president is likely to appoint a new FDA Commissioner and deputy Commissioners, who would be less likely to support new government regulations for e-cigs, cigars, pipe tobacco and other currently unregulated tobacco products.

 

[denali_41]

thailand puts actual images of cancered lungs and other really graphic and gross images on their ciggy wrappers,,it is the law there

 

[TheIllustratedMan]

thailand puts actual images of cancered lungs and other really graphic and gross images on their ciggy wrappers,,it is the law there

...and you know, that's fine. You want to show an average smoker's lung vs an average non-smoker's, go for it. You want to cite REAL statistics about the harmful effects of smoking, more power to you.
But to use a company's own packaging to advocate against a product's use is over the line. Give us the facts, don't make a concerted attempt to scare us. If the facts are as bad as you think they are, they will do it just fine on their own.

 

[Vocalek]

Hey, where have you been, guy? Missed you.

 

[sqirl1]

A potential silver lining for e-cigarette manufacturers, importers and consumers in Judge Leon's latest ruling (i.e. striking down the Constitutionality of the FSPTCA's provision requiring color graphic warnings on cigarette packs) is that the FDA may decide to further delay (or even scrap) its previously stated plans to propose a regulation that would apply Chapter IX of the FSPTCA to e-cigarettes and other currently unregulated tobacco products.

E-cigarette prohibitionists want the FDA to propose and approve new regulations (to apply Chapter IX to e-cigs) during the next 14 months (while Obama is still President), as a Republican president is likely to appoint a new FDA Commissioner and deputy Commissioners, who would be less likely to support new government regulations for e-cigs, cigars, pipe tobacco and other currently unregulated tobacco products.

good point, the FDA is gonna use all their tobacco control resources on this suit probably, and that's going to take a long time.


you watch, now that we're talking about it, FDA agents are reading this and it won't happen like that at all

 

[TheIllustratedMan]

Hey, where have you been, guy? Missed you.

Moi? Taking time off from advocacy, trying to not have a stroke. Dealing with real life. Playing around on the Forum for Misfit Toys.

Miss you too, Elaine.