Oregon AG's using Office to try to ban selling of 'E-cigarette'

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TheIllustratedMan

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Jun 12, 2009
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Upstate, NY
You are correct. THE LAWS. E-cigs are NOT against the law and therefore the AG has no legal basis to ban them. The AG went after SE for marketing claims and slipped njoy in on the deal. This is all based on the AGs interpretation that e-cigs are a drug/device that falls under FDA jurisdiction, and that has not, as of yet, been substantiated.

Well, that's the thing. As you acknowledge, sales of electronic cigarettes *may* be against the law. As I stated earlier, that point is in contention and the AG may have jumped the gun in acting on the perception of unlawful activity.
 

Surf Monkey

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May 28, 2009
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Lacey--you are not part of that settlment because of exactly the way Illustrated Man pointed it out. Read his post as it is a very good one. Mybe he can get though, as I can not. But please do not pack up and go to Oregon--you will be in the logging business faster then your battery dies.

Sun

I really don't get this campaign you're on to frighten people about the situation in Oregon. I live here. I see what's happening first hand. The situation simply isn't how you characterize it.
 

LaceyUnderall

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Dec 4, 2008
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Lacey--you are not part of that settlment because of exactly the way Illustrated Man pointed it out. Read his post as it is a very good one. Mybe he can get though, as I can not. But please do not pack up and go to Oregon--you will be in the logging business faster then your battery dies.

Sun

I did read it... very well thought out. I love when Illi interjects :)
 

TheIllustratedMan

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Jun 12, 2009
442
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Upstate, NY
I really don't get this campaign you're on to frighten people about the situation in Oregon. I live here. I see what's happening first hand. The situation simply isn't how you characterize it.

Surf, I think it's less about what IS happening and more about what kind of precedent has now been set and what CAN happen now.
 

Sun Vaporer

Moved On
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Jan 2, 2009
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I really don't get this campaign you're on to frighten people about the situation in Oregon. I live here. I see what's happening first hand. The situation simply isn't how you characterize it.


Surf---we are not talking about frighening people--we are discussing the state of the law. You do not have to be in Oregon, to understand what the AG is doing, and what is coming in CT. I is just a part if all three branches of goverement on the attack---and an attack we are not doing to well to fend off.

Sun
 

TheIllustratedMan

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Jun 12, 2009
442
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I did read it... very well thought out. I love when Illi interjects :)

Awww... :oops:

I just tend to see Sun trying so hard to explain himself and not coming through the way it's obvious to me he intends... he does in writing what I do in speech: leaves out important points that he has in his head, but never make it out of the skull. It's almost like "I know what I'm talking about, you should too." If that makes sense to anyone...

Anyway, I can relate, so I need to jump in. /shrug

[EDIT: 15 minutes later with no new posts after crazy overlapping post session] Did I just win the thread? :D
 
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LaceyUnderall

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Sun -

Just FYI, I have done some research on Blumenthal and he is an open minded individual who has not been given all of the info he needs. I also did a search on donations to his campaign and it is squeaky clean. He is obviously against smoking but has also taken action against pharm on several different objectives.

I know Spikey has contacted him, some CT constituent vapers and the ECA, offering more information to help him make an informed decision.

This gives me great hopes.

On a side note for others following along and for Sun (who SHOULD know this by now): I have great respect for Sun and our conversations lately have been quite enjoyable so please, don't anyone take these conversations as aggressive stances against Sun... quite the contrary. We see things from two different perspectives and that's all.
 

HighTech

Senior Member
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Jun 25, 2009
175
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Surf---we are not talking about frighening people--we are discussing the state of the law. You do not have to be in Oregon, to understand what the AG is doing, and what is coming in CT. I is just a part if all three branches of goverement on the attack---and an attack we are not doing to well to fend off.

Sun

It seems we are discussing politics and the AGs tactics for positioning, not LAW. There is NO LAW that bans the sale of ecigs in the United States, until the FDAs position is substantiated in court. That is not to say that the AG in Oregon won't go after you if you setup shop in the state, but that's just politics, not law.
 

Sun Vaporer

Moved On
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Jan 2, 2009
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Awww... :oops:

I just tend to see Sun trying so hard to explain himself and not coming through the way it's obvious to me he intends... he does in writing what I do in speech: leaves out important points that he has in his head, but never make it out of the skull. It's almost like "I know what I'm talking about, you should too." If that makes sense to anyone...

Anyway, I can relate, so I need to jump in. /shrug

[EDIT: 15 minutes later with no new posts after crazy overlapping post session] Did I just win the thread? :D


Illustrated--when you post the same thing as many times as I have and try to explain what really would take a brief in a post---things should be getting accross. I could write a Brief, but by now, those that have been watching the events unfold should be well apprised of what is going on by now.

I stay at it is I do not want to see Members here sold out with false hopes. So stock up people as this is going to be a long game with alot of misconceptions about the law.


Sun
 

Sun Vaporer

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Jan 2, 2009
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It seems we are discussing politics and the AGs tactics for positioning, not LAW. There is NO LAW that bans the sale of ecigs in the United States, until the FDAs position is substantiated in court. That is not to say that the AG in Oregon won't go after you if you setup shop in the state, but that's just politics, not law.


Hightech--A law is a law until the Court stricks it. The FDA has made there position known and used their powers under the law and that is effective until a Court stikes it. Absent Judge Leon sticking it, it will stay the law. It really is that simple.

Sujn
 

TropicalBob

Vaping Master
ECF Veteran
Jan 13, 2008
5,623
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Port Charlotte, FL USA
Do keep in mind that a state or federal (or even local) regulatory agency or authority can step in at any time and ban a product as a menace or health hazard. You don't need some law specific to a product. They would not be doing their public duty if they looked the other way in such times. And what you are beginning to see is authorities hinting or saying that e-cigs are dangerous because they are unapproved. They can take action, and it's all legal.
 

VapinScott

Full Member
Feb 12, 2010
5
0
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Oregon
I am a native Oregonian since 1950. I can be killed by an drunk driver in the blink of an eye.... However, it's ok and legal to drink. It's ok and legal to smoke analog cigarettes ( as long as your 20 miles from another human ) but still, it's legal to purchase analog cigarettes. I can buy all the e liquid that I desire, yes even 60mg! I can purchase flavoring for the purpose of mixing e liquid. I can purchase enough nic patches to cover my entire body and probably kill myself, but again, Oregon says, go for it because it's legal! Now tell me why I can not purchase a battery, charger and an atomizer that will probably save my life and others around me verses analog cigarettes ( which I will not even attempt to list all that is found in a legal analog cigarette ). Children can go to any fast food resturant and order as many bags of junk food as they wish... to add to their already weight of 240 pounds and under the age of 18. I am sick of the non smokers that don't understand that some of us began smoking when " It was the american thing to do " ! Non smokers can and do drink more than they should and DO DRIVE, which one of them may be the drunk driver that kills me as I mentioned above... but it's ok, Oregon says, you may drink but you may not smoke with a battery and atomizer and blow a harmless vapor into the clean air of Oregon! If we ban analog cigarettes and only allow e cigarettes, Mr. Obama would have a start on one great health care system! In closing I would just like to say... Before I pass on, will I ever see people stand up for what they believe in? Or are we all going to continue to talk to eachother and whine about things like the ban on e cigarettes in Oregon, doing nothing about it? It's just strange to me why the state of Washington says yes to e cigs.. Is it because they don't care if smokers kill themselves? Or does Washington look at the big picture concerning e cigs and that they just might be a positive thing in more ways than one? Well my friends of this great fourm, i'm going to go make a batch of my coconut e liquid, kick back and vape some of my banned in Oregon e ciggy that I had to smuggle in from Vancouver!
 

bobbysox10

Super Member
ECF Veteran
Jan 17, 2010
606
59
Chicago
just buy any e-cig that says personal vaporizer on the box. lol. Thats not an e-cig its a personal vaporizer hahahhahaha, but on a more serious note that is total BS. E-cigs or Personal Vaporizers in that matter whatever you want to call that thing we love so much should be legal and widely excepted and there should be a ban on tobacco cigarettes completely agree with you on that.
 

VallyGrlOR

Full Member
Feb 6, 2010
61
0
Oregon
The FDA may not have the right, but the State of Oregon took it upon itself to ban them.

VapinScott, well I stood up, wrote my rep and didn't hear anything back. IMO the reason Oregon has banned them is because they could potentially decrease the amount of revenue recieved from the taxes on analogs. Taxes which they say are going to cover medical costs, but aren't as a friend in Eugene says the Ducks are building a new stadium on cig tax revenues.

Mine come in from China and other states that can sell them to us, it is just that retailers in Oregon, as far as I have found can not sell them. They are not illegal to posses.

Good choice on the coconut, one of my favorites as well :p
 
No issues getting anything even getsnus orders.

I have given it to the taxman for nearly a year now and feel amazing.
The AG banned smoking everywhere from sinking their practices. Now if it was not all that broad spectrum I would not have a problem with it, I do not sell in oregon but I use in oregon.
 
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