Matt Salmon is now president of NJOY (Sottera, Inc)

[Drozd]

now wait a minute....nothing is over....

this was the appeal moade by the FDA of the original case just asking for a temporary stay...
we're starting to get the cart before the horse...

the original case... the ruling Judge Leon gave was in reguards only to the siezing of shipments which he gave his opinion on saying that they shouldn't being siezed because they should fall under the tobacco act and not the drug and cosmetic act... his ruling was only on that...
the FDA filed for a stay pending appeal....stay was granted (so they could continue to seize shipments)
but now the appeal was lost...peanding an appeal of that
so it's back to the lower courts now...

all that was really said in THIS decision was that they affirmed the lower court's ruling and how Judge Leon interpreted the law...that the FDA has no jurisdiction to block shipments based on their belief that they are drug delivery devices.. that the lower court was correct in saying that under the tobacco act they could not be blocked...

 

[Pav]

If your right, I'll buy you dinner.

If you are wrong- I'll never let you forget it

You can bet on that. I still owe you a beer coz!

 

[rothenbj]

Drozd, thanks. You saved me a lot of typing. I was real excited when the original ruling came down and quickly realized that the fight was clearly not over when the appeal was filed. This one made my happy, but anyone that has been around here for awhile understands that this was just a step. It should, for the while, stop the FDA from grabbing shipments. It might even have the FDA give up the pharma fight and begin the regulation process. That will need to be waited for.

Mark is just a bit upset that things didn't go the way he wanted and is showing his displeasure. He is so buried in the NDA process he can't see any process other than the one he's lived in for his entire career. The E Cig community is not going to like the future (but we're talking intermediate future not near) as it gets played out. I really don't want to offer my thoughts here but I have my opinions on how his industry will work on this development. After all, the E Cig still remains a threat to a very ineffective but lucrative product line that has been given carte blanche for too long. Suffice it to say, the FDA and BP aren't going to give up their alliance easily and the ?non-profit?"health" associations are still there doing their lobbying job.

It should be an interesting, frustrating journey.

 

[Bill Godshall]

markarich159 has posted more inaccurate statements on ECF in the past day (on this and other ECF news threads) than John Banzhaff has made in the past 18 months.