Legislators Jump On Electronic Cigarette "Ban" Wagon

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Krickster

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Don't we have any attorneys in these forums?

This is a historical opportunity for a lawyer or law firm to SUE THE FDA over false and misleading practices in dealing with e-cigs. At best, they might even be able to put the FDA in bed with big tobacco and do some permanent damage to this corrupt agency! At the very least, they could file to get the full data and research released by the FDA via the FOI act. Then, turn around and bring another suit of some sort that will FORCE the FDA to "blow their wad" in court, thereby negating both their argument and regulatory authority over this product!

Don't just leave it to the mfrs to fight the battle. Bring to national attention by taking it all the way to the USSC if possible.

Ken
 

Krickster

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Ok. Putting aside the legal avenues for the moment, why can't the e-cig industry and distributors make a SIMPLE change? Let me explain.

The whole notion of the e-cig is to replace tobacco products with what is, OBVIOUS to anyone with an IQ greater than a politician (i.e. the rest of us), healthier and safer than smoking AND NRT's both. In my opinion, this is the wrong approach for distributors\suppliers\mfrs at this point in the game.

Let us for a moment also put aside the juice itself. I will come back to this later.

Now, we are left with a simple device that can be easily described as a personal vaporizer. Nothing less, nothing more. I can vaporize water with caffeine, food flavoring or whatever I choose that the FDA has no business in regulating.

What everyone is forgetting is that the "nicotine delivery devices" that the FDA have mainly dealt with were not componentized as the e-cig is. Gum, the Patch and Chantix are all or nothing "devices". However, couldn't you sell Trident gum from one supplier and nicotine extract from another and put together your own concoction? If you think about it, that is what we are doing with e-cigs, aren't we? You are taking 2 components, the vaporizing device and juice and putting them together yourself. If the device itself is to be considered a NDD, then shouldn't also a spoon and lighter? (4 u crackheads..lol)

Maybe the overall term e-cigarette needs to be nixed in favor of PV and I mean COMPLETELY (sites, sales ads, etc..)! The marketing is easy considering the subculture slang and history already behind it. It wouldn't take much for the public to catch on and realize this is a much safer alternative.

Once you remove the legal association between the device itself and nicotine, then the FDA has no leg to stand on AFAIK. Then, the Juice is the only concern, which from what I understand the FDA has no regulatory authority over nicotine as it is.

This is only a short note on the topic and I'm not so naive as to ignore the mfrs ROI issues (juice being the ongoing concern economically, in addition to parts) or the additional battles as they pertain to the juice itself. And I also recognize that this isn't a fullproof solution, or the final solution for that matter. However, I hope that some begin to realize that the e-cig label approach may not have been the best way to start a truly life saving product as this. If the FDA and the Lawmakers can play word games and fudge the science, then why can't we?

Finally, when the support and the understanding is strong enough, then we fight the big battle of the "e-cig" package later.

I'm not a lawyer or an activist, but rather someone who just gets fed up with the govt railroading issues like this and people simply throwing their hands up and saying "Oh well, what do you expect? That's the govt."

Expect it or not, but NEVER ACCEPT IT!

Of course, I could be wrong.

Ken
 
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cruisedoc

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Fog machines are OK for many venues and they use PG. Mom just loves to break out that Vicks Vaporizer when her kids are sick to help them breath by vaporizing camphor, alcohol, water, and Vicks proprietary fragrances. Yet they can't figure out that a vapor of glycerine, distilled water, with a little nicotine isn't infinitely better than tobacco. I'm a physician and I can figure that out quickly and clearly. Then, they are lawyers and gov't workers......so who is in a fog? They still haven't figured out that America is sick of gov't trying to control our personal choices and freedoms. Barry Obama gave the FDA control over tobacco, and he now has less than 3 yrs. until he is voted OUT.
 

oldlady

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Nov 7, 2009
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Kristen,

Yes. Absolutely, someone should be in touch with the Governor to ask him to veto the bill. This should be done not only because we want e-cigs to remain legal and accepted everywhere, but also because the bill is poorly written and stupid. Technically, it would ban fog machines, emergency inhalers, asthma inhalers, and many other things, including the use of oxygen in hospitals!

Ideally, it would be great to have someone who knows the governor speak with him or her personally. Alternatively, we can spam the governor!

The reason the bill passed unanimously is (IMHO) because Johnson & Johnson lives in New Jersey and because the representatives are too lazy to care about facts.

Kristin, could you also send copies of your article to PBS Frontline, 60 minutes and Larry King, as well as any other good news shows you can think of?
 
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RedZone

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Kristen, I forwarded your article to all of my state legislators in both Kansas and Missouri (I live in KC, so we have two states in once city)..
I told them that I was concerned that other state legislaltures would blindly follow NJ with momentum coming from state legislators that accepted campaign funds from pharmaceuticals. I also told the legislators what e-cigs had done for me getting off analogs, and that I would voraciously get the media involved locally, concerning any legislator accepting contributions from pharma's that tried to copy-cat the NJ bill in either Kansas or Missouri!
(Great article)
 
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