Oregon Sues Smoking Everywhere

[Sun Vaporer]

Today the AG's Office filed suit against Smoking Everywhere today:

"Oregon Attorney General John Kroger on Tuesday filed a lawsuit against Smoking Everywhere, alleging that the Florida-based “electronic cigarette” company made false health claims about its nicotine delivery device and targeted children with sweet flavors such as bubblegum, chocolate and cookies ‘n’ cream.
Electronic cigarettes are not approved by the U.S. Food and Drug Administration and some contain known carcinogens.
Oregon’s lawsuit alleges that Smoking Everywhere has marketed e-cigarettes as safe in general and safer than conventional cigarettes, alleging the company possesses no scientific evidence to support such claims"

Oregon is the only state that has taken legal action against e-cigarette importers and retailers. Oregon recently reached legal settlements with three retailers prohibiting them from selling e-cigarettes in the state until they meet state and federal standards. Oregon also reached an agreement with another e-cigarette company, Sottera Inc., the national distributor of njoy, which prohibits it from doing business in Oregon until local and national standards are met.

Smoking Everywhere refused a similar settlement offer.

Sun

See Oregon sues electric cigarette maker - Portland Business Journal:

 

[Duckies]

Is SE still selling in Oregon?

I must have missed something. I thought they both agreed to this. nJoy's website has a "No sales in Oregon" notice up, but I didn't look at SE's site.

 

[Sun Vaporer]

Is SE still selling in Oregon?

I must have missed something. I thought they both agreed to this. nJoy's website has a "No sales in Oregon" notice up, but I didn't look at SE's site.

Duckies--SE decided not to comply with the settlement agreement and has dug its heals in---just like they are doing in the SE v. FDA case.---walking on toes is not good business practices.

Sun

 

[eplanet]

walking on toes is not good business practices.

Sun

Not too smart...

 

[Duckies]

I hope their cowboy tactics don't turn around and bite them (and all of us).

 

[JennFL5366]

all i have to say again is yes flavors attract kids. but there is no kid i know or teenager and few in their early 20's that actually would do what we do with our e-cigs. cleaning and priming, and blowing, and filling, and buying all that we do...unless they have someone else doing it for them....

 

[UptownRiot]

Lol. This is more than mildly amusing. Both in SE's complete stupidity, and in the constant claim that any "flavored" anything is targeted at children. What sheer nonsense is that. Adults hate flavors apparently.

 

[pbusardo]

I've got an idea! How about some vegetable flavored e-Liquid! That certainly wouldn't attract kids.

Oh, but then you would be attracting vegans.

Damn! Never mind.

 

[Robert]

These are ridiculous claims, hopefully a real Judge will see things clearly and might end up proving what we allready know. This Lawsuit might end up having a positive effect. A Judge looks at the law and makes his decision on that. If someone can sue for being attracted by flavors then every potatoe chip and soda pop maker would be next. A Judge cannot set a precident like that. SE will win this lawsuit, and probly file a counter claim for damages.

 

[JennFL5366]

I've got an idea! How about some vegetable flavored e-Liquid! That certainly wouldn't attract kids.

Oh, but then you would be attracting vegans.

Damn! Never mind.

as long as its not steak or burger or chicken flavored cause then we'd have peta on our tails too!!

 

[UptownRiot]

These are ridiculous claims, hopefully a real Judge will see things clearly and might end up proving what we allready know. This Lawsuit might end up having a positive effect. A Judge looks at the law and makes his decision on that. If someone can sue for being attracted by flavors then every potatoe chip and soda pop maker would be next. A Judge cannot set a precident like that. SE will win this lawsuit, and probly file a counter claim for damages.

No, they will probably lose given that Oregon outlawed the product in their state and SE refused to adhere to it.

The claims about the flavors is ridiculous, but SE has not right to sell their product in Oregon anymore.

 

[Magestorm]

Ummmm, but we have Roast Beef, Roast Chicken available from Decadent Vapours, and he's been tinkering with a bacon flavored, i hear.

And Uptown, there is no ban in Oregon. the AG there threatened legal action if these companies did not either comply with his demands or cease doing business in the state. it's the same ambulance chasing nonsense Bahnzaf does and espouses. Only Njoy and SE were affected, with Njoy withdrawing from the state. SE decided to fight.

 

[Randyrtx]

Couldn't this possibly be a good thing, since it might allow the presentation of evidence that would be irrelevant or otherwise inadmissible in the federal case?

 

[SquirrilahFish]

I hope their cowboy tactics don't turn around and bite them (and all of us).

i hope that e-cig companies can be looked at a case by case basis, I would hate for good suppliers and retailers to be tossed in with Njoy and Smoking Everywhere, sad face

 

[TheIllustratedMan]

SE just can't help themselves can they? *sigh*

Here's a blog containing the text of the press release: http://blogs.wweek.com/news/2009/08...-continues-war-against-electronic-cigarettes/

I can't find anything about the legal age to purchase NRTs in Oregon. Is there one? Seems to me that any claims of marketing to children must be backed up by a law prohibiting such behavior. I can't find whether or not there is one that could be cited (like a law limiting sales of NRTs to people over 18).

EDIT: To be clear I don't support sales to minors, but from a legal perspective, the proper answer to those claims may just be "so what?"

 

[frankie1]

All they have to do is ask a kid!! I did...asked my 17 year old grandson if he would smoke an ecig with any flavors and named them. He laughed and said NO WAY....Not cool....LOL Kids won't go for e cigs...they will go buy a cool pack of Marlboro's. BTW, my grandson doesn't smoke anything that I know of.

 

[TropicalBob]

Interesting. Smoking Everywhere, with its unprovable claims, is going to get its .... handed to it. And just how much money is there to spend on court suits, since SE has already shelled out plenty in suing the FDA?

Lacey warned about making claims. For the FDA, no claims were really necessary, since that agency considers devices and liquids unapproved and thus illegal. But states like Oregon are where the claims will rise up and bite sellers. Never claim what can't be scientifically proven.

Oregon will present its case, showing SE's claims and sales tactics. The judge will turn to SE's attorney and simply say, "Can you prove what you claimed?"

They can't. Verdict for Oregon. SE exits stage right.

 

[usamare]

I also believe SE could present an extremely compelling case in defense of the 'safer than cigarettes' angle. Imagine the headlines if a judge ruled in their favor. The possibility of that alone should have been enough to keep the state from taking it to a courtroom.

 

[SLDS181]

Why are people complaining about SE here?

I support SE's actions, and instead I look down at Sottera. SE is saying that no, these are not bad, we will not be looked at as being worse than cigarettes, we will demonstrate your fear and ignorance, and provide an alternate solution for those addicted to cigarettes.

Imho, SE is fighting for your rights to have e-cigs. And people are complaining about that?

 

[Robert]

edited after checking my facts......

I also believe SE could present an extremely compelling case in defense of the 'safer than cigarettes' angle. Imagine the headlines if a judge ruled in their favor. The possibility of that alone should have been enough to keep the state from taking it to a courtroom.

exactly- Didn't I read here that FDA say that electronic cigarettes were 1400 times safer than analogs?