Great, but...They're (the FDA) still free to seize willy nilly any ecigarette-related shipment, provided it's not the property of njoy.
Correct?
Correct?
SE, NJoy vs FDA -- Discussion
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That's correct, PI, it's only njoy that they can't touch.
Thanks for the update, Julie. (same avatar, lol.)
Thanks for the update, Julie. (same avatar, lol.)
so NJOY could be the neighborhood thug other vendors could pay to have their shipments go through them??
About the same chance as Ford importing parts to help GM.
What is bad for the competition is good for you.
I wouldn't expect to hear about the FDA seizing from other vendors until they can think of a new argument. Judge Leon and all 3 appellate judges agreed with the Supreme Court in "FDA v Brown & Williamson' to determine that "barring therapeutic claims", FDA can only regulate e-cigarettes under the Tobacco act. The ability to seize imports is granted under FDCA, so unless FDA can provide evidence that a vendor is making therapeutic claims or are otherwise improperly labeled, they don't have the authority. So although there's probably some vendors they could go after for making cessation claims, I expect the FDA to be as quiet as possible until they can decide a new strategy to maintain the status quo before too many people find out they can avoid the risks of smoking without using expensive and potentially deadly pharmaceuticals or struggling (and usually failing) to completely quit using tobacco.
ETA: Of course, there's nothing stopping the FDA from manufacturing a new argument tomorrow, but I hope they are smart enough to lick their wounds and try to work WITH vendors to create regulations rather than continued attempts to squeeze MRTP into the NRT mold.
ETA: Of course, there's nothing stopping the FDA from manufacturing a new argument tomorrow, but I hope they are smart enough to lick their wounds and try to work WITH vendors to create regulations rather than continued attempts to squeeze MRTP into the NRT mold.
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Couldn't agree more. And I personally don't think TVECA is the organization that consumers--or the vast majority of vendors--are looking for. But that's for another thread.
As for the docket, nothing is showing up for either the Court of Appeals or the District Court. For awhile, I'll be checking both dockets.
1. I see Jerry is too lazy to change his avatar.
2. Thanks, CJsKee . . . so nice of you to offer, but it's pennies a day to check both dockets, and I'm happy to do it. But I promise that if it eats into my budget for my weekly latte at Starbucks, that's when I'll holler for help.
3. No movement on either docket.
2. Thanks, CJsKee . . . so nice of you to offer, but it's pennies a day to check both dockets, and I'm happy to do it. But I promise that if it eats into my budget for my weekly latte at Starbucks, that's when I'll holler for help.
3. No movement on either docket.
The FDA are welcome to talk to ECITA, if they are genuinely interested in finding solutions, but I fear their paymasters wouldn't allow it!
The FDA are welcome to talk to ECITA, if they are genuinely interested in finding solutions, but I fear their paymasters wouldn't allow it!
Sadly, I don't think that the FDA is particularly interested in solutions. If it were, it wouldn't be pushing for a pharmaceutical classification.
No movement on either docket, and my latte budget remains undamaged.
I think we all know what the FDA's objective is and who they are really working for. Thanks for the update, Julie.
Nothing new on either docket . . . and my apologies for being so late this evening.
Have a wonderful weekend!
Have a wonderful weekend!
Thanks Julie.
Mid morning Saturday here. Beautiful morning...not too hot & good wind for the sails later.
Cheers.
Well, I'm going to forgive your good weather, Clark, because we're having a nice spell here in the Midwest for a change. It's sunny and nearly 50 degrees, which is downright balmy for this time of year.
But the reason why I'm popping in over the weekend when there's clearly no docket update to be offered is because the word is that Totally Wicked is filing a lawsuit against the FDA: Totally Wicked: "UNITED STATES DISTRICT COURT<br/>FOR ..." « Deck.ly
It seems to me that since the legal theories have been fairly well developed (and apparently well-received by the courts), vendors who have a bone to pick with the FDA wouldn't be taking too much of a risk to file a lawsuit. With any luck, Totally Wicked's law suit will be the start of a movement among vendors to put some pressure on the FDA with lawsuits.
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