Oregon Sues Smoking Everywhere
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Not sure if its been mentioned or not, but the fact that SE, overpriced that it may be, is still fighting. If they were to just lay down and say "Ok, we're gone" then that sets a precedence for other states to follow. As it is Oregon has probably started a trend in terms of the e-cigs and this will only continue to the downward trend.
As for the marketing claims, SE unfortunately made that bed and now they have to back it up. If other e-cig companies and juice companies would stop taking a back seat and back up their products such as testing and whatnot, that would go a long way in helping the e-cig industry.
From how I see it, it appears that it's SE versus the rest of the e-cig distributers because of their high price versus the FDA/US Gov't. It shouldn't be that way. It appears that ONLY njoy and SE are fighting the FDA stuff. Where are the rest of the distributors/suppliers for the e-cig and the juices? Are they doing something (other than joining the ECA) or are they just sitting back and letting SE spend all the money and get in all the "fights"? Are they getting their juices tested and getting results back from independent testers? I've heard some people talk about how their juices are of a much better higher quality than SE's, where are you guys/gals and what are YOU doing to help? Are you just trying to make a quick buck before the US e-cig industry becomes non-existent?
At this stage of the game, you wouldn't only be helping out SE and njoy but you'd be helping YOURSELF and the rest of the e-cig industry out.
PS. Sorry if it sounds like I'm attacking the others out there, but I'm just trying to wrap my head around why you don't hear about other US brands/companies trying to help and it seems as though Njoy and SE are doing all the dirty work.
As for the marketing claims, SE unfortunately made that bed and now they have to back it up. If other e-cig companies and juice companies would stop taking a back seat and back up their products such as testing and whatnot, that would go a long way in helping the e-cig industry.
From how I see it, it appears that it's SE versus the rest of the e-cig distributers because of their high price versus the FDA/US Gov't. It shouldn't be that way. It appears that ONLY njoy and SE are fighting the FDA stuff. Where are the rest of the distributors/suppliers for the e-cig and the juices? Are they doing something (other than joining the ECA) or are they just sitting back and letting SE spend all the money and get in all the "fights"? Are they getting their juices tested and getting results back from independent testers? I've heard some people talk about how their juices are of a much better higher quality than SE's, where are you guys/gals and what are YOU doing to help? Are you just trying to make a quick buck before the US e-cig industry becomes non-existent?
At this stage of the game, you wouldn't only be helping out SE and njoy but you'd be helping YOURSELF and the rest of the e-cig industry out.
PS. Sorry if it sounds like I'm attacking the others out there, but I'm just trying to wrap my head around why you don't hear about other US brands/companies trying to help and it seems as though Njoy and SE are doing all the dirty work.
With all this legal shrieking about flavors and children, I'm skeptical that the FDA will be approving a fruit-flavored, nicotine-laced gel cigarette anytime in the near future. They'd be cutting the legs out from under their new partners. It wouldn't go over well.
The FDA tested more than a dozen brands? I thought they only tested 1 or 2 but had more than a dozen samples. Which one is true?
They only tested Smoking Everywhere and Njoy brands, with more than a dozen samples (and only one where DEG was "detectable", though they did not say how much, which is odd since the FDA knows it is a common biproduct and allows up to .2% of the total amount of PG (usually tested by volume, too))
Two brands is true. I was just citing this (not entirely accurate) media release.
Wouldn't this set some sort of legal precedent in Oregon that should, legally, lead to the banning of sale and manufacturer of analogue cigarettes under the same claims?
Are there any lawyer types on the forum that could attest to this? I mean, it sounds like a great way to make a claim that Oregon can no longer sell analogues for the same reason. Which means they can't reap the benefits of the crazy taxes they take in from the sale of analogues. Which, in turn, would probably bankrupt Oregon if not make it much harder for them to make their budgets.
I don't know, just thinking out loud I guess.
Are there any lawyer types on the forum that could attest to this? I mean, it sounds like a great way to make a claim that Oregon can no longer sell analogues for the same reason. Which means they can't reap the benefits of the crazy taxes they take in from the sale of analogues. Which, in turn, would probably bankrupt Oregon if not make it much harder for them to make their budgets.
I don't know, just thinking out loud I guess.
I posted this at VF and thought I would share it over here... it breaks down the press release noted on the OR AG's website and is kind of long... but thought some might be interested.
http://www.doj.state.or.us/releases/...el073009.shtml
It is deliberately written to mislead people into thinking that they banned it statewide, across the board. If you remove all of the "smoke" about how great the OR's AG office is the release reads like this: (Please read the original AND this for comparison)
Deal with travel centers makes Oregon the first state to stop the sale of the unapproved nicotine delivery sevices
The Oregon Department of Justice today filed two settlements that prevent two national travel store chains from selling "electronic cigarettes" in Oregon. The action is the first of its kind in the country and prevents Oregonians from buying potentially dangerous products that the U.S. Food and Drug Administration (FDA) has yet to approve.
The affected travel store chains, Pilot Travel Centers, which has seven centers in Oregon, and TA Operating, which has four centers in Oregon, both sell "NJOY" brand electronic cigarettes. Electronic cigarettes are actually battery operated nicotine delivery devices constructed to mimic conventional cigarette. Each "cigarette" consists of a heating element and a replaceable plastic cartridge that contains various chemicals, including various concentrations of liquid nicotine. The heating element vaporizes the liquid, which the user inhales as if it were smoke.
Despite FDA issued "Import Alerts" against NJOY and other brands of electronic cigarettes, and despite the fact that the U.S. Customs Service detained several shipments of these devices, sales of electronic cigarettes continue throughout the United States. Sales persisted even though just last week the FDA warned the public about health concerns regarding electronic cigarettes. FDA tests showed a wide variation in the amount of nicotine delivered by three different samples of nicotine cartridges with the same label. Tests also revealed the presence of nitrosamines a known carcinogen. By the time the FDA issued its warnings, the Oregon Department of Justice had already launched an active investigation of the sale and promotion of electronic cigarettes. NJOY electronic cigarettes were a target of that investigation.
The settlement announced today prohibits the sale of electronic cigarettes in Oregon until they are approved by FDA, or until a court rules the FDA does not have the authority to regulate electronic cigarettes. Even if courts decide that the FDA does not have regulation authority, the settlement stipulates that electronic cigarettes may not be sold in Oregon unless there is competent and reliable scientific evidence to support the product's safety claims. In addition, the companies must give the Attorney General advance notice that they intend to sell electronic cigarettes in Oregon, provide copies of all electronic cigarette advertising, and provide copies of the scientific studies they maintain substantiates their claims.
***
The last paragraph is very misleading. They lead the reader to believe that they "prohibit the sale of electronic cigarettes in Oregon" however, that is only in effect for those who were part of the settlement. The last paragraph SHOULD read:
The settlement announced today prohibits the sale of nJoy brand electronic cigarettes in Oregon in Pilot Travel Centers and TA Operating until they are approved by FDA, or until a court rules the FDA does not have the authority to regulate electronic cigarettes. Even if courts decide that the FDA does not have regulation authority, the settlement stipulates that nJoy brand electronic cigarettes may not be sold at Pilot Travel Centers and TA Operating in Oregon unless there is competent and reliable scientific evidence to support the product's safety claims. In addition, the nJoy brand must give the Attorney General advance notice that they intend to sell electronic cigarettes in Oregon, provide copies of all electronic cigarette advertising, and provide copies of the scientific studies they maintain substantiates their claims.
Gotta love condensing the message (Underlines are what should have been included to make the message clear.)
http://www.doj.state.or.us/releases/...el073009.shtml
It is deliberately written to mislead people into thinking that they banned it statewide, across the board. If you remove all of the "smoke" about how great the OR's AG office is the release reads like this: (Please read the original AND this for comparison)
Deal with travel centers makes Oregon the first state to stop the sale of the unapproved nicotine delivery sevices
The Oregon Department of Justice today filed two settlements that prevent two national travel store chains from selling "electronic cigarettes" in Oregon. The action is the first of its kind in the country and prevents Oregonians from buying potentially dangerous products that the U.S. Food and Drug Administration (FDA) has yet to approve.
The affected travel store chains, Pilot Travel Centers, which has seven centers in Oregon, and TA Operating, which has four centers in Oregon, both sell "NJOY" brand electronic cigarettes. Electronic cigarettes are actually battery operated nicotine delivery devices constructed to mimic conventional cigarette. Each "cigarette" consists of a heating element and a replaceable plastic cartridge that contains various chemicals, including various concentrations of liquid nicotine. The heating element vaporizes the liquid, which the user inhales as if it were smoke.
Despite FDA issued "Import Alerts" against NJOY and other brands of electronic cigarettes, and despite the fact that the U.S. Customs Service detained several shipments of these devices, sales of electronic cigarettes continue throughout the United States. Sales persisted even though just last week the FDA warned the public about health concerns regarding electronic cigarettes. FDA tests showed a wide variation in the amount of nicotine delivered by three different samples of nicotine cartridges with the same label. Tests also revealed the presence of nitrosamines a known carcinogen. By the time the FDA issued its warnings, the Oregon Department of Justice had already launched an active investigation of the sale and promotion of electronic cigarettes. NJOY electronic cigarettes were a target of that investigation.
The settlement announced today prohibits the sale of electronic cigarettes in Oregon until they are approved by FDA, or until a court rules the FDA does not have the authority to regulate electronic cigarettes. Even if courts decide that the FDA does not have regulation authority, the settlement stipulates that electronic cigarettes may not be sold in Oregon unless there is competent and reliable scientific evidence to support the product's safety claims. In addition, the companies must give the Attorney General advance notice that they intend to sell electronic cigarettes in Oregon, provide copies of all electronic cigarette advertising, and provide copies of the scientific studies they maintain substantiates their claims.
***
The last paragraph is very misleading. They lead the reader to believe that they "prohibit the sale of electronic cigarettes in Oregon" however, that is only in effect for those who were part of the settlement. The last paragraph SHOULD read:
The settlement announced today prohibits the sale of nJoy brand electronic cigarettes in Oregon in Pilot Travel Centers and TA Operating until they are approved by FDA, or until a court rules the FDA does not have the authority to regulate electronic cigarettes. Even if courts decide that the FDA does not have regulation authority, the settlement stipulates that nJoy brand electronic cigarettes may not be sold at Pilot Travel Centers and TA Operating in Oregon unless there is competent and reliable scientific evidence to support the product's safety claims. In addition, the nJoy brand must give the Attorney General advance notice that they intend to sell electronic cigarettes in Oregon, provide copies of all electronic cigarette advertising, and provide copies of the scientific studies they maintain substantiates their claims.
Gotta love condensing the message (Underlines are what should have been included to make the message clear.)
Thanks, Lacy. The Oregon AG is driving a lot of hysteria and misinformation about this case. He makes it seem as if there's a blanket ban on PVs in the state. He makes it sound as if you'll go to jail if you even look at one. But it's a lie. As the press release shows, the settlement with NJOY is specific to certain retail outlets and has NO effect on people buying product over the Internet, at other retailers here in the state or from any company other than NJOY. Furthermore, there is NO ban on owning or using PVs in the state.
It's very important for people to understand this: THERE IS NO PV BAN IN OREGON.
It's very important for people to understand this: THERE IS NO PV BAN IN OREGON.
No, because there is no ban. The issue with NJOY and SE is health claims, not the legality or illegality of PVs themselves. Analogues don't have the same problem because they're clearly labeled as being dangerous. NJOY and SE got crosswise with the state because they claimed that PVs are "safe" and "healthy." This settlement is not a ban in any sense of the word. It's not even a restriction on NJOY in perpetuity. All they have to do is back up their health claims and they can start selling their hardware at the relevant retailers again. NJOY pulled their brick and mortar operations out of the state voluntarily when all they had to do according to the settlement was pull them from three retail locations. SE did the same thing. They withdrew their brick and mortar operations voluntarily. But both companies will still sell Oregonians product over the Web. Legally. There is no ban here. None whatsoever.
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Not accurate on one point. Go to nJoys' website. They state that they will not sell/ship to Oregon.
Yes, you're correct. I misspoke. However, Oregonians can still buy NJOY products from other Web vendors and have them shipped to the state without issues.
GROSS....the next thing that comes to mind is Liver and Lima beans....talk about can I have an analog please....
Everything in this world has flavors. Candy, fast food, alcohol, ect. Just don't understand why when someone isn't old enough to buy something it shouldn't be an issue. If you aren't old enough to buy cigarettes and you are (just like alcohol) someone should be fined for selling it. Not take away the flavors that adults like because children could get hold of it....
maureen
I live in Oregon and have been vaping since August. There is no "ban" on PVs or even Eliquid it's just those two companies that the AG has an issue with. The problem is you expect to find anything can't anything Ecig related in any stores in the state (at least not in my area). No biggie I just order everything online from people who have sponsor ads here.
I've already turned 2 people and am working on third. If all Vaping Oregonians did the same this might go away.
I've already turned 2 people and am working on third. If all Vaping Oregonians did the same this might go away.
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