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PRESS RELEASE: CASAA Praises FDA Concession to Court of Appeals Ruling

Discussion in 'Legislation News' started by Cit-e Steamer, Apr 26, 2011.

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  1. Cit-e Steamer

    Cit-e Steamer Senior Member ECF Veteran

    Nov 5, 2009
    Harm Cit-e, USA
    Consumer Group Praises FDA Concession to Court of Appeals Ruling
    Tuesday, April 26, 2011


    On April 25, 2011 the FDA announced its decision to forego petitioning for Supreme Court review of the legal victory won last December by a major electronic cigarette distributor. See, http://www.casaa.org/files/ct%20app%20opinion%20on%20injunction.pdf. "This is a profound landmark in the federal legal definition and regulation of smoke-free tobacco and other nicotine products", stated Yolanda Villa, Legal Director for the Consumer Advocates for Smoke-free Alternatives Association (CASAA).

    "With the question of highly restrictive and cost-prohibitive drug product classification finally put to rest in favor of reasonable regulation as an alternative and less hazardous tobacco product, electronic cigarette sales will continue to increase, and many more retailers will probably begin to make them available to their customers", said Ms. Villa.

    "The FDA's decision to regulate electronic cigarettes under the Tobacco Act is a great victory for public health," stated Dr. Theresa Whitt, M.D., CASAA Medical Director.

    "We estimate that over a million smokers have switched to electronic cigarettes," stated Dr. Whitt. "As a result of avoiding the toxins, carcinogens, and particulates in smoke they are reporting their health has improved. Regulating electronic cigarettes as medical devices would have resulted in these life-saving products being removed from the market, pending lengthy and expensive clinical trials."

    Electronic cigarettes (e-cigarettes) are battery-operated devices that heat a liquid solution to create a vapor. Medical experts say that the combination of mimicking the hand-to-mouth action of smoking as well as providing adequate nicotine make the products an acceptable long-term substitute for smoking.

    Providing safer long-term substitutes for cigarette smoking is a public health approach referred to as Tobacco Harm Reduction (THR). Dr. Whitt remarked, "Opponents of the THR approach claim that it delays or prevents nicotine cessation in people who might otherwise quit using nicotine. On the other hand, it is more likely that insisting on nicotine cessation delays or prevents smoking abstinence in people who might otherwise quit smoking."

    Dr. Whitt stated that the profile of an e-cigarette user is a middle-aged adult who smoked for decades and tried numerous times to quit smoking, without lasting success. "All of the medically approved smoking cessation treatments require the smoker to give up nicotine as well as smoking," said Dr. Whitt. "The Tobacco Advisory Group of the Royal College of Physicians reported that changes in brain structure and function can impair the ability of smokers to achieve and sustain abstinence. Some smokers may never be able to quit all nicotine use."

    Consumer Group Praises FDA Concession to Court of Appeals Ruling
     
  2. Vocalek

    Vocalek CASAA Activist ECF Veteran

    Supporting member
    Apr 7, 2009
    Springfield, VA
    If you click the link at the bottom of the above post, you will go to the story on the OlinePRNews site. There are buttons that allow you to Share via Facebook, Twitter, and other networking tools.
     
  3. Katdarling

    Katdarling I'm still here on ECF... sort of. ;) Verified Member ECF Veteran

    Supporting member
    Jan 25, 2011
    Utopia
    As much as I dislike FB, I just shared this. How could I not! :)
     
  4. GMoney

    GMoney Super Member Verified Member ECF Veteran

    Feb 12, 2011
    MA
    Pretty good article.

    ...

    This makes it sound like that is how the FDA intends to classify e-cigs - as "less hazardous" - have I missed something or is this just hyberbole?
     
  5. yvilla

    yvilla Ultra Member Verified Member ECF Veteran

    Nov 18, 2008
    Rochester, NY
    LOL - just putting them on notice, that we EXPECT reasonable and science-based regulations, and that we will hold them to those expectations. And fight like hell for them, if we have to!
     
  6. GMoney

    GMoney Super Member Verified Member ECF Veteran

    Feb 12, 2011
    MA
    ;) Glad you recognized that I was attempting to playfully point out your "jab" at the FDA, I probably should have added a smily face to my post. Keep up the good work!
     
  7. Who_Wants_To_Know

    Who_Wants_To_Know Super Member ECF Veteran

    Mar 15, 2011
    Pittsburgh, PA
    Like I said in other post. If we join the fight or if nothing else spread the word and support those who are doing the fighting. This can work out well for us all. We just now have to start stacking up the evidence to lay against their "well maybe, possibly in the worse case possible that has the same chance of happening as winning the lottery while in a plane crash during the leap year on a full moon". I think as long as we remain alert and keep our eyes peeled, this will be more good than bad.
     
  8. Demarko

    Demarko Super Member ECF Veteran

    Dec 15, 2010
    Seattle, WA
    "Liked" and "Shared" :)
     
  9. ShannonA

    ShannonA Ultra Member ECF Veteran

    Mar 15, 2011
    Tyler, Tx
  10. earthpig

    earthpig Moved On

    Dec 11, 2010
    Lake County, Illinois
    Not so sure on this one.
    As a CASSA (signed up ) member I appreciate their stance, and yet I am reading this one with caution.
    Concerns for taxation and specific restrictions are my cautions.
    I guess by putting e-fluid under the Tobacco Act, it gives FDA power it previously didn't have and unless another source of nicotine comes cost effectively available, we are under the FDA thumb, which is horrifying .
     
  11. Nicko

    Nicko Super Member ECF Veteran

    Dec 1, 2010
    China
    earthpig. The only alternative would have been much worse. Don't worry. Everything will be ok.
     
  12. DC2

    DC2 Tootie Puffer Verified Member ECF Veteran

    Jun 21, 2009
    San Diego
    This is a topic that has been (somewhat heatedly) debated in the big thread...

    On the face of it, it does seem logical that classifying it as a tobacco product could have undesired effects.
    But I have yet to hear any concrete way that the classification will have any direct effect.

    They can, could, and continue to try to include them in no-smoking bans even before this classification.

    And they can, could, would have, and will tax electronic cigarette in some way regardless of this classification.
    And how much they tax them does not necessarily have anything to do with whether they are a tobacco product or not.

    One argument is that tobacco classification might make it easier for them to pass higher taxes than should be justified.
    But they'll still have to justify those taxes all the same, and we'll still be fighting that all the same.

    Another argument is that they can now ban internet sales.
    That would require Congress to amend the PACT Act to specifically include electronic cigarettes.
    We are an awful long way from worrying about that, and if they ever were to try, we would be fighting that too.

    The bottom line being, we had to fight before, and we'll have to fight going forward.
    But in the meantime, there is no longer a threat of a ban, and people can start opening up storefronts.
    More and more people will get exposed to electronic cigarettes, and our numbers and strength will grow more and more each day.

    Rather than worry about what they might do, spend that energy getting ready to fight.
    And spreading the word to those who don't know what is coming.
     
  13. earthpig

    earthpig Moved On

    Dec 11, 2010
    Lake County, Illinois
    Yup
    Agree the fight continues. That's why I'm not letting my guard down even if CASSA claims a success. And I think CASSA knows better as well.
     
  14. kristin

    kristin Vaping Master ECF Veteran

    Aug 16, 2009
    CASAA - Wisconsin
    Read the other thread: http://www.e-cigarette-forum.com/forum/legislation-news/182522-fda-regulate-e-cig-tobacco.html

    Specifically posts by CASAA board members Yvilla, Elaine, myself and Thulium and of Bill Godshall. We make it pretty clear that CASAA sees this success as winning a major battle - not the war itself.

    And we address a lot of common misconceptions about how the PACT Act (mailing/internet) and the FSPTC Act (flavors, FDA regulation) will most likely affect e-cigarettes in the immediate and near future and how we plan to stay on the front lines.

    CASAA Legal Director Yolanda Villa (yvilla here), CASAA member and advisor Julie Woessner of Midwest Vapers Club & advisor Bill Godshall of Smokefree Pennsylvania will be appearing on a special VPLive show Thursday night: VP Live Special Edition: So we're a tobacco product. Now what?
     
  15. earthpig

    earthpig Moved On

    Dec 11, 2010
    Lake County, Illinois
    Thanks Kirstin.
    Thanks for the good work and the links.
    I don't want to see some folks getting apathetic due to a CASSA win article. Thus my cautionary statement.
    I realize we have many battles ahead. It's a won battle, not a won war.
    CASSA is a great advocate for us.

    Earthpiggin
     
  16. rebelpoet

    rebelpoet Full Member

    The way I see it it is a means of splitting hairs that gives everybody what they want and need. I think the fact that such groups as The American Lung Association and The American Cancer Society as well as petitions and testimonials of people who have quit using ecigs had alot to do with it. I don't think the FDA could rationalize that they were protecting the American publics health by banning such a product in light of the overwhelming evidence and support of such groups. I think they looked at how much good the product was doing and the fact that such protesters of tobacco products were so in favor of it being legal that they said 'you know what folks, we may have gone down the wrong road here' and gave up. Either way 'victory is ours'.
     
  17. Nicko

    Nicko Super Member ECF Veteran

    Dec 1, 2010
    China
    The American Lung Association and the American Cancer Society have strongly condemned e-cigs. And most likely will continue to condemn them. The FDA have never taken any notice of petitions and testimonials from people who have quit smoking by using e-cigs. They have agreed to regulate e-cigs as tobacco products, but will probably continue making life difficult for vapers.

    rebelpoet, thanks for your input. You are new here, and you are right - it's a victory for vapers, but there is still a long way to go.
     
  18. earthpig

    earthpig Moved On

    Dec 11, 2010
    Lake County, Illinois
    Exactly what i've noticed.
    The ACS and ALA are simply mimicing the FDA's line and lies.
    I have a foul foul taste in my mouth for the ACS anyways, and their misleading info regarding prostate cancer i had, but that is for another day.
    These folks are all about donations and could really care less about the customer/patient. I'm not saying there aren't some good folks working in both org's , but the managements gets absolutely no respect from me and definitely no money.

    Nothing we do or say will change their positions as long as they are aligned with the FDA.
     
  19. DC2

    DC2 Tootie Puffer Verified Member ECF Veteran

    Jun 21, 2009
    San Diego
    I think it is impossible to know what is going on with electronic cigarettes and still have ANY respect for these organizations.
    The only way a person can have any respect for them at all is to not know what is really going on.

    It may be splitting hairs again, but it isn't the these organizations are aligned with the FDA...
    It is that these organizations, and the FDA, are both aligned with Big Pharma.

    Big Pharma is the one that funds all of these organizations.
    And the FDA and Big Pharma are deep in each other's pockets.
     
  20. kristin

    kristin Vaping Master ECF Veteran

    Aug 16, 2009
    CASAA - Wisconsin
    You may want to read & sign our petition AGAINST the ALA, ACS, etc: A Petition for the AAP, ACS, AHA, American Legacy Foundation, ALA, AMA, ASH, FDA, Public Citizen and Campaign for Tobacco-Free Kids to change their policy and support the sale and use of ecigarettes as a reduced harm option for committed adult smoker
     
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