Oregon Sues Smoking Everywhere

[robCROW75]

Sorry about the FUBARd grammer my laptop is sensitive and does funny things

 

[j4mmin42]

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....

Well, there's me..I'm 21...but like most people, I started when I was under 18, and have already been smoking cigarettes for over 6 years now, so I have just as much a right to be healthy again as the next person, IMO. Candy flavors are not a good idea; Suggestive packaging is no good either, in my book...

 

[JoeMcPlumber]

There is no "ban" on PVs or even eliquid it's just those two companies that the AG has an issue with.

No i'm sorry you are mistaken.

If the products are taken off the shelves then there is a de facto ban,
and retailers are doing just that,
citing either the AG's press releases⁽¹⁾⁽²⁾ or some scary "letter" from the ODOJ
which i so far haven't been able to get my hands on,
but i will keep trying.

Also as far as the esteemed Attorney General is concerned, there is indeed a ban...

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.

He does not mean only the two e-cig companies and three retailers cited.
And as the AG is the top law enforcement official in the state,
i think we can say that whatever he thinks is law, is law,
until he's proven wrong.

- joe

 

[Store]

interesting

 

[kristin]

No i'm sorry you are mistaken.

If the products are taken off the shelves then there is a de facto ban,
and retailers are doing just that,
citing either the AG's press releases⁽¹⁾⁽²⁾ or some scary "letter" from the ODOJ
which i so far haven't been able to get my hands on,
but i will keep trying.

Also as far as the esteemed Attorney General is concerned, there is indeed a ban...
He does not mean only the two e-cig companies and three retailers cited.
And as the AG is the top law enforcement official in the state,
i think we can say that whatever he thinks is law, is law,
until he's proven wrong.

- joe

The AG's announcement is purposely deceptive. There is no ban on e-cig sales in general in Oregon. The lawsuit settlement ONLY prohibits Njoy & Smoking Everywhere e-cigs from being sold in Pilot Travel Centers and TA Operating. Njoy also has to notify the AG, per the settlement, if they want to sell in other retail outlets where they aren't banned. Njoy has voluntarily stopped ALL sales in Oregon.

The settlement does not affect any other brand of e-cig in Oregon.
http://www.e-cigarette-forum.com/fo...gon-sues-smoking-everywhere-8.html#post513488

Here is the legal statement offered by Oregon's DOJ:

” DOJ has not banned electronic cigarettes. We are taking action against e-cig vendors who misrepresent the safety of these products.

The UTPA prohibits deceptive promotion of any product, including electronic cigarettes. Two of the products that DOJ investigated are e-cigarettes sold by Smoking Everywhere and NJOY.

The national distributors for both products were served with official Notice that the Attorney General believes their promotion of e-cigs violates the UTPA and they were offered an opportunity to avoid litigation by agreeing not sell e-cigs in Oregon until it is determined whether these products must be approved by FDA.

If electronic cigarettes do not need to be approved by FDA, the companies would be able to resuming selling e-cigs in Oregon so long as they possess evidence to support their promotional claims. Two vendors of electronic cigarettes – TA Travel Centers and Pilot Travel Centers – already signed such agreements.

Both NJOY and SMOKING EVERYWHERE have voluntarily agreed to stop doing business in Oregon while we try to negotiate a settlement. Although DOJ is looking at a number of e-cig products, thus far, we are only taking action against NJOY and Smoking Everywhere.”

http://www.oregonlive.com/opinion/index.ssf/2009/08/krogers_legal_grounds_in_the_e.html

 

[JoeMcPlumber]

There is no ban on e-cig sales in general in Oregon.

OK then. Let's argue semantics and technicalities
while the products are being taken off of shelves
by retailers citing the AG's purposely deceptive announcements
and/or a letter from the ODOJ.

I cannot purchase supplies locally where i would previously have been able to do so,
had the AG not directly threatened other retailers with the same hammer
that he used on the two retailers cited.
I'm quite sure that as more retailers come to his attention
he will threaten them as well.

I have knowledge of at least two more corporate chains
who have discontinued sale of e-cigarettes.
I've been in contact with the both of them and i have been asked
to leave them out of it.
That's how frightened people are... they don't want to jeopardize their businesses
especially when times are already difficult.

Again, the Attorney General says there is a ban.
You can argue that the Attorney General is mistaken but
if you're a retailer you'd better have some guts and some money before you do.

As e-cigarettes mysteriously disappear from stores in Oregon,
i'm sure everyone concerned will be comforted to know
that the products aren't actually banned.

- joe

 

[kristin]

OK then. Let's argue semantics and technicalities
while the products are being taken off of shelves
by retailers citing the AG's purposely deceptive announcements
and/or a letter from the ODOJ.

I cannot purchase supplies locally where i would previously have been able to do so,
had the AG not directly threatened other retailers with the same hammer
that he used on the two retailers cited.
I'm quite sure that as more retailers come to his attention
he will threaten them as well.

I have knowledge of at least two more corporate chains
who have discontinued sale of e-cigarettes.
I've been in contact with the both of them and i have been asked
to leave them out of it.
That's how frightened people are... they don't want to jeopardize their businesses
especially when times are already difficult.

Again, the Attorney General says there is a ban.
You can argue that the Attorney General is mistaken but
if you're a retailer you'd better have some guts and some money before you do.

As e-cigarettes mysteriously disappear from stores in Oregon,
i'm sure everyone concerned will be comforted to know
that the products aren't actually banned.

- joe

Who else is removing the products in Oregon? Are they getting cease and desist orders from the DOJ? Were they selling Njoy & Smoke Everywhere or another brand? Sounds like ignorant retailers are the problem, but you can still buy them online, if need be. So, they absolutely aren't banned.

As long as they don't make any health claims, the AG has no basis to sue them.

 

[JoeMcPlumber]

OK i'm wrong and you're right.

I'll shut up now.

- joe

 

[kristin]

OK i'm wrong and you're right.

I'll shut up now.

- joe

I was just asking a valid question and pointing out that the retailers have no logical reason to fear the AG. It's not about being right or wrong. Why get like that?

 

[rothenbj]

raise it to 21 and you'll still have underage smokers. ecigs should abide by the same laws as tobacco...b/c ecigs mimics the analogs behavior....

the FDA should also put an age limit on caffeine b/c it to is a drug. Oh while congress is at it they should raise the voting age to 21 b/c its obvious they dont look at 18 year olds as adults even though if they break the law there trialed as one. And if you are trialed as an adult and can vote at age 18 you should have the same rights as any adults out there which to include drinking and smoking or whatever.
Our laws contradicted each other and it makes no since at all.

You forgot the most important decision that many of our young people make that can have a much more immediate effect on their health- joining our volunteer armed forces.

If these young people are not old enough to make decisions that might affect them 40-60 years down the road, they certainly aren't mature enough to understand the dangers of lead poisoning at a very young age.

 

[rothenbj]

smoke break is a smoking cessation device. dont see the relevance.

and things do not get approved by the fda by paying an indpependent lab to run a few tests.

you ever hear of pfizer pharmaceuticals? i have, i work for them.

fda requires EXTENSIVE research before giving their stamp of approval and no few independent lab tests will prove get that.

you are an expert on law and the fda...right?

Ditto. Retired pfizer, by acquisition.

 

[rothenbj]

Smokebreak:

Smoke-Break is a new smoke-cessation device currently undergoing FDA-allowed clinical studies. Smoke-Break resembles an unlit cigarette in size and shape. The clear tube contains a fruit-flavored gel, along with 1.5 mg of nicotine, about as much as in a light cigarette. Users consume the liquid by lifting the tube to their mouths and sipping through a mouthpiece, much like they would draw on a cigarette. Smoke-Break has not yet been approved for retail sale. Please check back periodically for updates.


Whether Smoke Break is an NRT of not is irrelvant, what is relevent the unfounded statement that no one but big companies like SE can fund the requiste testing and gain FDA appoval. Smoke Break is a prime example of small companies that do it all the time. They are about to get FDA apporval.

While we are glad you work for Phizer, your contention the only Big Phama and Big Tobacco can fund an FDA appoval simply lacks merit.

Add to that the in relative terms, Smoking Everywhere is a very small company who just has a China Manufacture rebrand and lable its product.

Sun

Sun, I think you and I have been here before. This product has not Been approved by the FDA, they are in the FDA process. It's yet to be determined whether they will or won't get approved before they run out of money. However that was not my reason for this post.

Doesn't anyone wonder how flavors are marketed toward children in tobacco products (and I'm sure e cigs if we get that far), by a product such as this, or nicorettes, or liquor are okay?

Those "children" certainly have easier access to their parents flavored alcohol stash then e cigs.

 

[Sun Vaporer]

Sun, I think you and I have been here before. This product has not Been approved by the FDA, they are in the FDA process. It's yet to be determined whether they will or won't get approved before they run out of money. However that was not my reason for this post.

Doesn't anyone wonder how flavors are marketed toward children in tobacco products (and I'm sure e cigs if we get that far), by a product such as this, or nicorettes, or liquor are okay?

Those "children" certainly have easier access to their parents flavored alcohol stash then e cigs.

Rothenb--I never stated that they where FDA approved--what I was showing here is that a small comany like this can and did file the requisite application, fund the studies, and go though the full FDA "drug" approval. The Company reports that all studies have been done and they are waiting either an yea or nea.

If this Comany could do it, there is no reason why companies like Ruyan could not. That is the key issue.


Sun

 

[Vampirecat019]

SE does NOT have good business practices. Period. Firstly, they try to sell you a $40 kit for $200. Not very fair, not very smart in the long run. Secondly, they sold 20 cartridges (10 cartridges in two separate incidents) to a 16 year old kid with a news-channel's hidden camera. Didn't even ask him his age, or ID him. Thirdly, they do make (obviously false...)health claims right to your face. They made claims to me, in person, at one of their kiosks. Fourth, they guilt you into buying their product. I wouldn't buy from them. The more power you give them, the more they are going to ruin this for everyone. They have proven themselves to be a dishonest, MISLEADING company. (Not to mention, again, they RIP YOU OFF.) I am in no way trying to slander SE. They blatantly and openly use these unsavory business tactics, and that's a fact.