Smoking Everywhere V. FDA Daily Docket Sheet Update--APPEAL's COURT ISSUES STAY

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Sun Vaporer

Moved On
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Jan 2, 2009
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I am a tad bit confused.

This article linked below states that the court of appeals has banned E-Cig import indefinitely. Is this not part of the original njoy vs FDA case or is the article just incorrect?

Link

2010-04-01 21:14:54 - The importation of e-cigarettes will be banned indefinitely as the result of a unanimous ruling by the U.S. Court of Appeals. The court agreed to permit their continued import ban while it considered an appeal from a lower court ruling which had prohibited the Food and Drug Administration [FDA] from stopping the imports of this new product, reports public interest law professor John Banzhaf of Action on Smoking and Health (ASH), who participated in the legal proceeding.


Hud--rightfully so that you are confused as this simply is not true. Rather it is a product of ASH's Public Relations that needs to be redressed and countered.

The Appeals Court Sayed Judge Leon's ruling with denied the FDA the right to embarko SE and njoy products. There is no ruling "Banning indefinitely" the E-cig currently. Can the FDA still use its embargo powers until we have another ruling after oral argument in the fall? Yes. But that is not to say the e-cig is banned here and now.

Again, this misinformation needs to be redressed by a Public Relations Release on our part if it has not already been. I have not seen it, but maybe it already was.

ASH will always twist the facts to read how they like and we must always make sure this misinformation is corrected in the media.


Sun
 

jj2

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May 30, 2009
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We need to get behind stuff like this. I said I was going to stay out of this discussion, but over the last few days, i've just become so infuriated with the whole situation and this discussion that I finally must speak my mind.

I know my thoughts are not really welcomed here in this forum, but I'm going to post anyway and hope they don't mod it or ban me. I just have to get some of this off my chest.

1- The arguments over he said she said what did you say??

Enough already. We've wasted a week now going over the same old thing over and over and over again. All it does is incite more drama and division, which is the last thing we need at the moment. Yes, some things were misunderstood, others were not, some were insulted, some were put down, some just got plain blindsided. It happens in politics.

It's time for the vaper community to have some leaders. And not to insult anyone or point a finger at certain individuals or any one group but:
Do you see anyone taking the flag and rallying the troops? I certainly don't. Instead I see our "leaders" wasting time arguing moot points and frivolity.

WE are all very opinionated people. It's just part of the personality profile of vapers I think, LOL. I know I'm pretty opinionated, and it's gotten me in trouble in the past and will again in the future. Most of the ecig "activists" are also very opinionated too and in the end it only hurts our cause to show that in public.

Leaders can not be opinionated and quick to fly off the handle, neither can effective activists. Vapers need a strong voice at the moment, someone to act as a calming influence and guide the discussion and the fight in the right direction. Let's put our efforts into that and keep our personal battles between us. There simply is no time for bickering in public.

As Vicks said "zip up, people, and put the measuring tapes away!"

the Secret Societies and "We Saved Vaping" Brag Rights

As Vicks pointed out, this has been going on for a long time. Our "society" if you will, has been split now for a long time and further splits just happen more and more. Opinionated people with strong personalities often times have trouble working together and we've seen that happen over and over in this fight.

It's time for this to stop. Our enemies may not all get along, they all have their own little groups with their own take on things, their own agendas, their own personalities, but when it comes to the important stuff, they all manage to put their differences aside and work together towards their common goal; namely killing us.

Look at the info put out by groups as diverse as ASH and the American Cancer Society, same talking points, same issues, same info just presented in a slightly different way. They are focused and clear.

As i've said before in this forum and others: They are running their playbook, a playbook they've had years to develop and one that works very well. These people are professionals at activism and they are kicking our asses in the public arena.

It's time to band together and work together and work hard. We have six months people, maybe less, maybe more. But the time for sitting on our duffs and wringing our hands over how unfair it is in forums is over. The time to stand up and fight is here and fighting amongst ourselves does nothing.

Tobacco vs Drug vs Reduced Risk

I've been saying since day one the argument for classifying us as a tobacco product is a flawed one. So have many others. As Kirstin points out though, those were the only two we thought we had available and tobacco seems the lesser of two evils, the one we might achieve, the one that would give us time to explore other options.

The Family smoking act and the PACT act and the recent court decisions and state legislation have severely crippled this argument. Yes, Njoy and SE threw all their eggs in that basket, so did a lot of other organizations. Will it work? I doubt it, but maybe. There's still hope, although fleeting.

Drug device is a classification we all don't want. We know what will happen if ecigs are classified as drugs. Even if they are approved, it won't be any of the current companies who get it approved, it will be a pharmaceutical or tobacco company because it's going to take years and millions. We all know this.

Reduced Harm vs recreational does seem to be our best bet. Reduced harm is going to be a hard fight. the laws clearly state what is needed for that and were very craftily written to make it difficult. Yes, the FDA is mandated with encouraging harm reduction strategies and products but the rules on what that is and the requirements for medical proof and public benefit are so strict, I doubt we have the time or energy or money to make that happen.

Recreational seems our only option. Or is it?

Public Perception and PR

What is killing us is we completely lack any PR.
Did we read Thuliums post about the Sensor Pad?? Did you notice what saved them? Was it court battles or studies or sidestepping or consumer advocacy groups?? NO. It was PR.

It was the Wall Street Journal and 20/20. It was a sympathetic congressman, users and doctors who testified the product worked. It was a well crafted PR campaign.

PR is king. It's what our enemies have that we do not. The reason the anti smoking folks get all the press is simple. They go after it. They hire the PR people. They hire the lobbyists. They have the resources and the known names and the well crafted arguments that sell air time and newspapers.

Simply put: They work it. We don't.

BUT PR takes money so do lobbyists!!

Yes. And this is where we have failed the most. This is where our enemies have us beat hands down. And it's our own fault.

We have a lobbyist in Washington. He's good too. He's an ex Congressman. His office is two blocks from capitol hill. He's well spoken and skilled at public speaking. He knows the right people. He was a great asset to our community and was making some inroads last year, getting some press, people were listening to him.

But did we help him? NO, we did not. WE whined and complained he wanted too much money. WE complained his members were the evil big boys out for profit. Membership to the ECA is too expensive said mom and pop mixing juice in their basement and Bob selling ecigs out of his garage.

So we started our own grass roots groups. Which is good. Some of them are doing good things. But are they going to raise enough money to win this fight with auctions and concerts? NO, they are not. Do they have the resources and experience to be effective? NO they do not.

The entire community refused to donate any money for things that work or to hire some pros.

As a matter of fact we actively encouraged and promoted the companies with the lowest prices while calling anyone who charged a decent price to afford advertising, attorneys, lobbyists, PR people and professional activism a "scam" or a "fraud". We turned them away from forums like this and instead promoted he who would sell us the cheapest mod, the cheapest juice, the cheapest kits. $99 bucks!!! we screamed and bought the $39 versions instead. Then we told everyone who would listen to do the same.

Now where is the money for PR? Where is the money for ads? Where is the money for radio? Where is the money to get our voice heard by the people who matter?? Where is the money to hire some professionals who can get things done?

Where is the money for anything? There isn't any. The profit margins for most of the "reputable" and "approved" companies out there are so low they are lucky to afford some Adwords, let alone a $10,000 national radio campaign or a $4000 full page ad in a magazine or a $100,000 a year lobbyist.

Now you watch, mom and pop are out of business. Bob too. The FDA is going to squash them as quickly as they can. The only ones who can survive are those that are already pretty big, or those who can band together to fight as one. (which they should have been doing the entire time but instead waited till now. lets hope its not too late.)

So, SE is what people see. They are the company with the money, they are the ones with the attorneys, they are the ones with the name and the PR power. And yes, IMHO they are scumbags and PR ...... out for themselves and could care less about the rest of us and have done as much, if not more damage to our cause than ASH. That's true. But like it or not, they are the ones getting all the attention.

Don't make any claims, Stay Under the Radar, Shun anyone who does

Over the last year i've watched this industry go from a handful of companies to literally hundreds. And some of them are pretty good! Small companies out to do right, provide great products and great service. Men and women who saw opportunity and thought they could do it better. I applaud each and every one of them.

But in the beginning most of us found vaping through the first few "big" companies. The ones who said "smoke anywhere!" "No carcinogens". "Safer!!" Of course we did. Who is going to buy a "smoking alternative that we can't really tell you the benefits of"? "is it safe?" we can't tell you. "do doctors like it" we can't tell you. "Can I quit smoking?" Go to the forums and ask, we can't say.

It was only after these first few companies got us all started that we formed our little groups, started our forums and built up this huge grassroots "cottage" community that allowed these small companies to find a market. It was those of us who already knew the benefits of vaping that could buy from these small guys without needing to hear any claims or see any advertising. It's the guys who do the radio ads, the publications, the heavy marketing who get people interested in ecigs. Then they come to places like this and find the cottage market.

But as time went on, and the pressure from the FDA grew, we said "don't make any claims" "Don't mention any studies" "don't talk about what doctors say" don't say you quit smoking, don't mention anything except "it's a smoking alternative. Then we decided you could perhaps say "no tar" or "no smoke" but that's it!! No medical quotes, no nothing. Shun anyone who does. And that's just what our enemies wanted us to do.

Heck, even I've been classified here as one of the rogue "unregistered suppliers" and unable to post links to anything useful because I had one company listed on my site that made the ECF blacklist by saying "no carcinogens" and i'm quick to point out some of the medical studies and quote the doctors in my blog. It made people nervous and since i make a few bucks from affiliate links, even though i've never once pushed any ecig here and even my site is not geared towards selling, but rather news and opinion, I'm classified as a rogue supplier. So be it. OK. Whatever.

And there were valid reasons for that. the FTC and the FDA and the WHO were breathing down our necks. After the FDA report it was hard to say "no carcinogens" and the FTC says you can't say "stop smoking" without studies. So now what do the companies do? They make no claims and instead, as at least one prominent "approved ECF supplier" does on their site FAQ about why there is no info about the benefits of vaping or if it will help you quit smoking, you just say "join a forum and ask there".

Because as much as we say "don't make any claims or mention any studies or say you can quit smoking" that's a lot of what we do around here isn't it?? Most of us have "Smoke free for ______ days" banners and we talk a lot about studies and such.

AND WE SHOULD. Our enemies don't want us to talk about this, but we need to.

Its time to talk about it

Every single time our enemies hit us, we back down. Every demand they make we comply. So far what has it gotten us? Not a damned thing.

They call us dangerous and we can't defend ourselves. They say no studies and we can't show the ones there are. They say "second hand vapor" and we do nothing. They say "contain carcinogens" and we do nothing to explain that while that is technically true, the amounts present are so small the FDA can't even quantify how much there is.

Now we've all decided to just say "Smoking Alternative" and what does the WHO do?? “recommends that claims that ENDS are safer than cigarettes, or that they could be marketed as cigarette substitutes, be prohibited until such claims are substantiated by sufficient evidence to satisfy their accuracy to independent scientific organizations and regulatory authorities.”

So there goes that.

WHAT IS MY POINT??

My point is simple: We are out gunned, we are out funded and we've retreated to the edge of the sea. WE are losing the war quickly. It's all going to be over this year if we don't press forward NOW!

It's time to put our money where our mouths are. It's time to band together. It's time to get some action done. It's time to get busy ladies and gentlemen.

CASH
It's time for every company to put up some cash. It's time for every vaper to find a group they like and support them with time and/or money.

Just look at the numbers of this forum alone. 34,000+ members? 7,854 active? Do the math, $20 bucks each is a chunk of change we can use to hire some pros and get our voice heard where it matters most.

PR, LEGAL and LOBBYIST PROS
It's time to call in the pros. All our discussions in the forums and our armchair quarterbacking of the debate does nothing. Get some real pros in here and put together a strategy that's going to work.

Grassroots is great. I love it. I participate in many, and some are having great success. But it takes time. And it seems time is exactly what we don't have.

IF we want to vape next year, we need to get our voice heard on some major media right now. WE need face time with the politicians and policy makers. Only pros can make that happen. ASH has theirs, the ACS and the tobacco free kids have theirs. It's time for us to have some of our own.

WIN THE HEARTS AND MINDS

Get out and talk to everyone you can. Write anyone who will listen. Take a few minutes a day and share your story with anyone who will listen. Congressmen, legislators, newspaper editors, news reporters, hell, even the neighborhood gossip. Whatever works!!

Tell everyone the benefits of ecigs. Tell them how you quit smoking the moment you picked one up. Tell them you are certain this product saved your lives and the government wants them banned.

OUR ORGANIZATIONS NEED TO DO BETTER AND WE NEED TO HELP THEM

I know it's tough. I know none of you are pros. I know this is overwhelming, confusing and you are doing the best you can with the limited resources available. I really do. As much as I've criticized some of you in the past I do know how hard activism is.

BUT we have to do better. You have to do more, you need to be more active in sending out updates and action alerts. How many of you have gotten one single thing from any organization in your email about the new laws? the new court cases?

How many of you are like, I believe it was CS2? who said he needed guidance and education to know what to do?? He pleaded for some leadership, he pleaded many times in this thread alone to be told what he can do to help.

Organizations, you are charged with that. You say so in your mission statement. Can you honestly say you've done all you can to lead?

Companies: Mobilize your customers!! Help get the word out. You are the ones with the mailing lists. You are the ones who mail the boxes. You are the ones who can get the word out fastest and the ones with the most to lose.

People, you are charged with helping them. Can you honestly say you've done the best you can to follow??

I can't. I've not done the best I can either. There is much more I could have done but I let some people's bad attitudes and my dislike for a few people and my fear of being banned from forums because of my sometimes unpopular opinions convince me to give up and just do what I can with my blog.

Well, no more. I'm not going to stand on the sidelines anymore. like me, don't like me. Trust me. Don't trust me. Ban me, don't Ban me. Label me however you like because I believe so much in ecigs that I sell a few now and then. I don't care anymore. There simply isn't any time left now.

I don't have any money and i have too little time, but what I do have will be spent fighting to keep vaping legal.

Who wants my help?? I stand ready to assist in anyway I can. I'm already a member of everyone save for the ECA I think. Put me to work, I beg you.

Outstanding post: This should be placed somewhere so it’s etched in everybody’s brain. ECF needs a librarian---the kind from the movies. LOL
 
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The two cents of a humble enthusiast with very little knowledge of the past evolution of the movement:

1) As some folks have said here, "United we stand, divided we fall." Infighting is a bad thing. However, that doesn't mean that all of us have to be in lockstep in regards to every little thing. As long as the goal is the same (i.e. "Keep vaping as easy to access as possible for the most people possible"), there is no reason that different routes of action can't be followed simultaneously. History is full of successful outcomes that have had multiple factions working toward their success. Sometimes one faction's modus operandi fails while another's suceeds. For instance, Civil Rights in the U.S. (I'll point out here that I'm not saying suppression of vaping is in any way akin to slavery, simply the organizational parallels can be drawn) succeeded in a way that more closely followed MLK's more peaceful movement rather than Malcolm X's more aggressive one. Same ends, different means. Sometimes the two movements merge (willfully or not) into something larger that works. An example might be Thomas Jefferson's view of the developing U.S. government vs. John Adams'. One might be hard pressed to say that either person "won," given that what resulted was something of an amalgam of the ideals of both men.

Anyway, my point here is that one vaping activist group doesn't have to revile the other's operation as "wrong," simply conceive of it as different. If one doesn't succeed, don't view it as "failure," rather view it as knowledge gained of what didn't work. In my opinion, it's better to have several plans that might work instead of one plan that didn't.

2) As others have pointed out, "PR is key." And we've been getting our behinds whooped in this arena. What is getting lost in the fight over how to legally proceed is the fact that, in spite of our differences, we can all agree on a message that is so obvious to us as vapers: "Banning vaping is the same as killing smokers." Simple, concise, and profound. Yet this message, which should be so easy to package and market, is all but lost to most people, even those who are interested in becoming potential vapers.

Why is that? Sure, it might be that we haven't hired some expensive expert/lobbyist to do it for us. I think it's a good idea to get one. However, I'd argue that the information is simply so fractured and scattered that, even on the internet, and even on a site like this (which I would say is "the site" for vaping, at least to date), the barrier for entry is so high to most folks that most just simply throw up their hands and walk away before even trying to tease out vaping's merits. This applies both to smokers who might be otherwise inclined to vape and to non smoking "allies" (i.e. loved ones of smokers or simply the general public who would benefit from not being around 2nd hand smoke). I know I sat here researching both how to vape and whether it was unhealthy or not for 8 months before I decided to just try it.

I'd like to see an easy to access site (NOT forums, which, in spite of us techies loving them, are a relatively confusing way to access information), which is supported by all the different vaping factions that displays the basics and is written in a way that Joe Average just doing a quick search can find and understand. Something I can refer someone on the street to in one sentence. I'd imagine it thusly: Our message displayed at the top, a link to a FAQ about the benefits and risks (complete with any studies done, impartial or not), a link to a FAQ explaining the basic parts of an ecig and how they work (with pictures would help), a link to this forum, and then links to the various factions' pages and blogs of prominent folks (i.e. Kristen and Big Jim) who write articles and other media supporting our cause. Not a lot of menus, pictures, or other confusing inclusions. Top it off with a sensationalist domain name (i.e. www.pleasedontkillsmokers.org or something like that) and I think that might go a long way toward helping the public understand us. Anyway, this is just me thinking. I'm sure there are many other things that people can come up with to help make our cause more accessible.

3) Every end is a new beginning, unless you make it the end. Like I said before, if one legal battle is lost, have alternatives up our sleeves. Start a new chapter instead of ending the book. We only lose when we call it quits. Don't lose sight of the goal when we're overwhelmed by the details.

And even if we lose every battle and vaping is banned, we'll always have ways to get around regulations and/or use our own "black market." People have brought up things like marketing atties as "mini-foggers," and mixing our own juice from otherwise legal ingredients. I doubt local law enforcement would go after folks who kept a low profile while going about our business. It'd be a waste of time and money that could be better spent on more pressing concerns. That's the worst case scenario, of course, but my point is that, even then, vaping will still be possible.

4) The ego must die in this movement. Whether you're one of the people in the courtroom fighting legal battles, a member of a board for whatever group, a blogger or journalist writing articles that help the cause, a researcher teasing out the health benefits and risks, or just a guy like me who educates every blockhead who confronts you about "smoking" while you're vaping in public, you're part of the bigger movement. This isn't about one person or group, but about our rights as vapers. Every little thing we do to educate the public is a small victory in a larger battle, no matter how we accomplish each one. Glory is a great thing, but it won't matter one whit if the battle is lost. We have to keep that in mind, lest infighting holds us all back.

Anyway, I hope I'm not being too pretentious. All this is just the way I see things.
 
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Vocalek

CASAA Activist
Supporting Member
ECF Veteran
Many, many months ago, I argued that e-cigarettes were not a drug-delivery device. My viewpoint was (and still is) that they are a consumer product, that should be regulated by the Consumer Product Safety Commission. I also publicly called for a way for consumers to join into the court case because we ARE affected by the outcome. IMHO, the danger that banning these presents to our health gives us "standing." We can be harmed and there is no recourse.

http://www.e-cigarette-forum.com/forum/law-e-cigarette/31191-users-join-court-case-against-fda.html

http://www.e-cigarette-forum.com/forum/campaigning-discussions/31323-e-cigarettes-consumer-products.html

Maybe I am misremembering, but I seem to recall being told that this was not one of the options -- that the only legal argument against the FDA's position was to claim these are tobacco products.

Take a look at what this government agency is all about.

CPSC Home Page


CPSC Overview

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the 30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years.


See also:

http://www.cpsc.gov/cgi-bin/regs.aspx

Notice that voluntary safety standards can be submitted. Has ECA submitted theirs?
 

Sun Vaporer

Moved On
ECF Veteran
Jan 2, 2009
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27
Florida
Vocalek--I remember your posts---very good ones too. The problem with standing is you usually must show actual damage or harm. It can not be speculative. That is why Suppliers who have actually had product seized by the FDA have the best route into the case.

Consumers can try to advance a cause of action, but it is much more likely to survive if a Supplier does it that has actually been damaged.

Remember the ECA is de-facto in this case as their head of the Board is also head of NJOY.

Look at it like this:

Many Chemotherapy drugs that are approved in the UK are not yet approved here in the US. People have tried many times to litigate with the FDA about this if they can not get into a clinical trial here in the US and have lost. Their only option is to actually go to the UK for treatment as they have not been able to get standing to get a Court to issue an injuntion to let them use these drugs.


Sun
 
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kristin

ECF Guru
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Aug 16, 2009
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CASAA - Wisconsin
casaa.org
It's time for the vaper community to have some leaders. And not to insult anyone or point a finger at certain individuals or any one group but:
Do you see anyone taking the flag and rallying the troops? I certainly don't. Instead I see our "leaders" wasting time arguing moot points and frivolity.

WE are all very opinionated people. It's just part of the personality profile of vapers I think, LOL. I know I'm pretty opinionated, and it's gotten me in trouble in the past and will again in the future. Most of the ecig "activists" are also very opinionated too and in the end it only hurts our cause to show that in public.

Leaders can not be opinionated and quick to fly off the handle, neither can effective activists. Vapers need a strong voice at the moment, someone to act as a calming influence and guide the discussion and the fight in the right direction. Let's put our efforts into that and keep our personal battles between us. There simply is no time for bickering in public.

As Vicks said "zip up, people, and put the measuring tapes away!"

the Secret Societies and "We Saved Vaping" Brag Rights

As Vicks pointed out, this has been going on for a long time. Our "society" if you will, has been split now for a long time and further splits just happen more and more. Opinionated people with strong personalities often times have trouble working together and we've seen that happen over and over in this fight.

It's time for this to stop. Our enemies may not all get along, they all have their own little groups with their own take on things, their own agendas, their own personalities, but when it comes to the important stuff, they all manage to put their differences aside and work together towards their common goal; namely killing us.

I was going to stay out of this thread, but I need to defend all of the hardworking advocates you just dismissed.

One heated discussion on one forum thread and it means there is infighting and no cooperation and no leadership?

Pretty broad and misguided accusation!

CASAA, Vapers International, National Vapers Club and Right to Vape HAVE been working together.

Who do you think is spearheading all of the letter writing campaigns? Who is watching the states for legislation and posting the call to actions on forums? Who is encouraging people to write their legislators? Who is writing those form letters and posting them for people to use, so they'll actually DO it? Who is writing pro ecig articles and press releases? Who is creating the informative websites? Who is organizing representatives for each state? who is creating legislative packets to distribute to legislators in states trying to ban ecigs? Who wrote a whitepaper about the pros of ecigs to counter the anti ecig whitepaper? Who travels to other states and meets legislators, when the vapers in their own state fail to appear and fight for their own rights? Who is meeting face-to-face with anti-tobacco groups to try to show them the error of their anti-ecig stance? Who is holding fundraising events, writing an ecig research study and approaching IRBs for approval to show ecigs are safe? Who meets weekly by internet conference and spends a few hours away from their families, dividing the work to be done (writing those articles and letters, contacting members, posting updates) and formulating a game plan to protect ecigs?

Do you think all of that is getting done by itself and with a lack of cooperation or leadership?

No, ALL of that was/is done by the cooperating ecig organizations that are NOT wasting time on "arguing moot points and frivolity." This one discussion, in one thread on an ecig forum, is certainly NOT indicitive of all the hard work and cooperation that has occurred (and IS occurring) and to say that is a slap in the face of all of the unpaid, hardworking volunteers, who dedicate hours of their time and donate their own money out-of-poacket, to inform and protect the rights of people, the majority of whom sit on their butts and complain that "nothing" is getting done.

If all I listed above isn't "taking the flag and rallying the troops," I don't know what is.

But if the troops fail to show up, what can we do?

We ARE working together and we constantly call for support and usually get a lackadaisical response. The members of these organizations are working hard to get things done. Just because you see me fly off the handle ONCE in one forum thread doesn't change that.

Maybe contact the Vapers Coalition or one of these groups and get your facts straight about what they are doing, before making unfounded accusations of a lack of leadership, infighting and frivolity.

And no, this post isn't to "get credit" for "saving ecigs." This isn't about ego. :rolleyes: It's to counter this ridiculous claim that these hard-working advocacy volunteers are accomplishing nothing and wasting time bickering. People need to be informed of all that these advocates ARE accomplishing and attempting to do, so they don't judge them based on this one thread.

All of the people telling us to put away the rulers, quit posturing, need to work toghether, etc. need to get a clue. That is NOT what is happening IRL and you are WAY off base.
 
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Sun Vaporer

Moved On
ECF Veteran
Jan 2, 2009
10,146
27
Florida
I was going to stay out of this thread, but I need to defend all of the hardworking advocates you just dismissed.

One heated discussion on one forum thread and it means there is infighting and no cooperation and no leadership?

Pretty broad and misguided accusation!

CASAA, Vapers International, National Vapers Club and Right to Vape HAVE been working together.

Who do you think is spearheading all of the letter writing campaigns? Who is watching the states for legislation and posting the call to actions on forums? Who is encouraging people to write their legislators? Who is writing those form letters and posting them for people to use, so they'll actually DO it? Who is writing pro ecig articles and press releases? Who is creating the informative websites? Who is organizing representatives for each state? who is creating legislative packets to distribute to legislators in states trying to ban ecigs? Who wrote a whitepaper about the pros of ecigs to counter the anti ecig whitepaper? Who travels to other states and meets legislators, when the vapers in their own state fail to appear and fight for their own rights? Who is meeting face-to-face with anti-tobacco groups to try to show them the error of their anti-ecig stance? Who is holding fundraising events, writing an ecig research study and approaching IRBs for approval to show ecigs are safe? Who meets weekly by internet conference and spends a few hours away from their families, dividing the work to be done (writing those articles and letters, contacting members, posting updates) and formulating a game plan to protect ecigs?

Do you think all of that is getting done by itself and with a lack of cooperation or leadership?

No, ALL of that was/is done by the cooperating ecig organizations that are NOT wasting time on "arguing moot points and frivolity." This one discussion, in one thread on an ecig forum, is certainly NOT indicitive of all the hard work and cooperation that has occurred (and IS occurring) and to say that is a slap in the face of all of the unpaid, hardworking volunteers, who dedicate hours of their time and donate their own money out-of-poacket, to inform and protect the rights of people, the majority of whom sit on their butts and complain that "nothing" is getting done.

If all I listed above isn't "taking the flag and rallying the troops," I don't know what is.

But if the troops fail to show up, what can we do?

We ARE working together and we constantly call for support and usually get a lackadaisical response. The members of these organizations are working hard to get things done. Just because you see me fly off the handle ONCE in one forum thread doesn't change that.

Maybe contact the Vapers Coalition or one of these groups and get your facts straight about what they are doing, before making unfounded accusations of a lack of leadership, infighting and frivolity.

And no, this post isn't to "get credit" for "saving ecigs." This isn't about ego. :rolleyes: It's to counter this ridiculous claim that these hard-working advocacy volunteers are accomplishing nothing and wasting time bickering. People need to be informed of all that these advocates ARE accomplishing and attempting to do, so they don't judge them based on this one thread.

Kristin--Agreed. As you say, to dismiss all of the hardworking advocates is really not right IMO..

There are many debates and that is called democracy. It is how things actually get done and solutions are arrived at.

That is part of any Forums function. So the work continues and that is what is important. There will always be debates, but for the very reason we take the time to debate, IMO, means we are all on the same page.

Sun
 
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kristin

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Kristin, I think if it wasn't for you, Sun, and Vocalek we vapers would all be in trouble. I for one thank all of you for your constant attention to this situation. I know I probably missed many others who deseve the same thanks.
Thanks, 5card, but honestly - while it's appreciated, these advocates don't want thanks - they want and need HELP. We need people to act! :)

Two members of the Vapers Coalition are driving to Illinois, from Missouri, next week to meet with the Illinois board and argue for ecigs to remain legal for adults. We've called for Illinois vapers to meet them there and not one person has stepped forward to attend. We need constituents to be there, not just two Missouri folks.

We just can't do this alone. :(
 

kristin

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Kristin--Agreed. As you say, to dismiss all of the hardworking advocates is really not right IMO..

There are many debates and that is called democracy. It is how things actually get done and solutions are arrived at.

That is part of any Forums function. So the work continues and that is what is important. There will always have debates, but for the very reason we take the time to debate, IMO, means we are all on the same page.

Sun
Sun, I do apologize for snapping at you. You know I like and appreciate you. We've always gotten along fine before.

The irony of all of this is that I agree with you completely that ecigs need their own classification!

My issue was never with you. After your disclosure about the supplier group, my issue was feeling like the ecig advocacy organizations were all supporting the wrong team by being left in the dark and I wish we had known, so we could have supported these other suppliers.

We still can! If they want us to change our stance or start advocating a different classification, we would definitely be willing to do that. We just need to know what we are supporting and feasibility of it.

I don't want to keep fighting for tobacco classification if there is a real chance at circumventing that and getting a better classification!
 
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Sun Vaporer

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Sun, I do apologize for snapping at you. You know I like and appreciate you. We've always gotten along fine before.

The irony of all of this is that I agree with you completely that ecigs need their own classification!

My only issue, after your disclosure about the supplier group, was feeling like the ecig advocacy organizations were all supporting the wrong team by being left in the dark and I wish we had known, so we could have supported these other suppliers.

We still can! If they want us to change our stance or start advocating a different classification, we would definitely be willing to do that. We just need to know what we are supporting and feasibility of it.

I don't want to keep fighting for tobacco classification if there is a real chance at circumventing that and getting a better classification!


Same here Kristin, and I have always enjoyed you and the many many contributions that you have made in this fight. Some people just do not understand the effort and time that is put in and readily dismiss the efforts made.

What they do not think about is how much further we could get if we could just get more people to step up. Like you say, we need people to act and become constituents.

People should join CASSA and other groups and ask what they can do and state what they can bring to the table. Time and effort is just as important as monetary contributions.

As for this group of Suppliers, when they ask for help with Public Relations after they file, I am sure we will be able to supply it--but we need help people.

Many people do not realize how much damage groups like ASH can do with Cases like this and I do hope more respond to Kristin's call to action.

Kristin has this request posted on every forum and still the response has been very light compared to what it could be. Kristin is not asking a lot and IMO, more need to at least consider stepping up. Whatever you can do is better then doing nothing!!!

Sun
 

StormFinch

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Amen to the most recent posts by Kristin and Sun. New Jersey had one of these meetings and not a single vaper showed up. I don't know if most people believe that someone else will show in their place or what, but if these states lose their right to vape it will fall directly on the shoulders of the vapers themselves. Personally, if it was my state, I would be driving however far I had to so that my voice was heard and could at least say I tried.
 

kristin

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Amen to the most recent posts by Kristin and Sun. New Jersey had one of these meetings and not a single vaper showed up. I don't know if most people believe that someone else will show in their place or what, but if these states lose their right to vape it will fall directly on the shoulders of the vapers themselves. Personally, if it was my state, I would be driving however far I had to so that my voice was heard and could at least say I tried.
Just to clarify this a bit - members of the National Vaper's Club DID show up to the New Jersey meetings, though. Spikey is very active in New Jersey. I don't know about any other New Jersey vapers, though. You are probably right.
 

StormFinch

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Just to clarify this a bit - members of the National Vaper's Club DID show up to the New Jersey meetings, though. Spikey is very active in New Jersey. I don't know about any other New Jersey vapers, though. You are probably right.


Thanks for the clarification and my apologies for any misinformation. I read a report on what I believe was the final meeting that stated something to the effect of 5 for the ban and 0 against, but I honestly couldn't tell you where I got it from and should really check my sources better. :oops:

Oh, and for all the NJ constituents, not only does the smoking/vaping ban keep you from inhaling e-cig vapor in public places, you are not allowed to inhale any vapor, so I'm afraid breathing is completely out due to the water vapor content in the air. ;) :lol:
 

aldreis

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People have tried many times to litigate with the FDA about this if they can not get into a clinical trial here in the US and have lost.

Not to mention the immense clout the FDA carries by default to any court dispute. Vincent Kleinfeld, a D.C. attorney who worked on drug approval affairs, said: "the courts in this area of the law tend to equate the Food and Drug Administration with God, motherhood, and country." He wrote about what happens in court when someone challenges the FDA for such issues:

If the Food and Drug Administration yells "hazard" or "danger" you are not going to get one judge out of a hundred to hold against the Food and Drug Administration; this I can testify to from very bitter experience since I have been in private practice and with the government. When you are before a judge, it makes practically no difference whether the government is right or wrong. The government attorney looks up gravely at the judge and says, "Your Honor, the Food and Drug Administration . . ." — there is a pause right there — "takes the position that this product is dangerous; it may cause death either directly or because it keeps the patient away from the knife, the X-ray machine, radium. If Your Honor wishes to take the grave responsibility of substituting your judgment for that of the Food and Drug Administration . . ." — another pause. That is it.​

This, of course, also gives a deeper perspective to Judge Leon’s decision.
 

ECGuy

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I was going to stay out of this thread, but I need to defend all of the hardworking advocates you just dismissed.

One heated discussion on one forum thread and it means there is infighting and no cooperation and no leadership?

Pretty broad and misguided accusation!

CASAA, Vapers International, National Vapers Club and Right to Vape HAVE been working together.

Who do you think is spearheading all of the letter writing campaigns? Who is watching the states for legislation and posting the call to actions on forums? Who is encouraging people to write their legislators? Who is writing those form letters and posting them for people to use, so they'll actually DO it? Who is writing pro ecig articles and press releases? Who is creating the informative websites? Who is organizing representatives for each state? who is creating legislative packets to distribute to legislators in states trying to ban ecigs? Who wrote a whitepaper about the pros of ecigs to counter the anti ecig whitepaper? Who travels to other states and meets legislators, when the vapers in their own state fail to appear and fight for their own rights? Who is meeting face-to-face with anti-tobacco groups to try to show them the error of their anti-ecig stance? Who is holding fundraising events, writing an ecig research study and approaching IRBs for approval to show ecigs are safe? Who meets weekly by internet conference and spends a few hours away from their families, dividing the work to be done (writing those articles and letters, contacting members, posting updates) and formulating a game plan to protect ecigs?

Do you think all of that is getting done by itself and with a lack of cooperation or leadership?

No, ALL of that was/is done by the cooperating ecig organizations that are NOT wasting time on "arguing moot points and frivolity." This one discussion, in one thread on an ecig forum, is certainly NOT indicitive of all the hard work and cooperation that has occurred (and IS occurring) and to say that is a slap in the face of all of the unpaid, hardworking volunteers, who dedicate hours of their time and donate their own money out-of-poacket, to inform and protect the rights of people, the majority of whom sit on their butts and complain that "nothing" is getting done.

If all I listed above isn't "taking the flag and rallying the troops," I don't know what is.

But if the troops fail to show up, what can we do?

We ARE working together and we constantly call for support and usually get a lackadaisical response. The members of these organizations are working hard to get things done. Just because you see me fly off the handle ONCE in one forum thread doesn't change that.

Maybe contact the Vapers Coalition or one of these groups and get your facts straight about what they are doing, before making unfounded accusations of a lack of leadership, infighting and frivolity.

And no, this post isn't to "get credit" for "saving ecigs." This isn't about ego. :rolleyes: It's to counter this ridiculous claim that these hard-working advocacy volunteers are accomplishing nothing and wasting time bickering. People need to be informed of all that these advocates ARE accomplishing and attempting to do, so they don't judge them based on this one thread.

All of the people telling us to put away the rulers, quit posturing, need to work toghether, etc. need to get a clue. That is NOT what is happening IRL and you are WAY off base.

Kristin, Sun and anyone else who took offense or thinks i'm trying to "dismiss" them, let me assure you that was not my intention. And I apologize here publicly if you thought that I was.

But Kristin, it's not just one discussion in one forum and you know it. While I will say over the last three months all the groups have really been coming together and making great strides with a lot of hard work, my point was, and is... there is still more to be done. And we have to do better.

And to be honest, i don't blame you for flying off the handle. I would have too. You got blindsided, as you have been many times in the past. It's a shame. And it shouldn't happen. I don't ever want you to feel that you are not appreciated, or anyone who has worked so hard.

WE love you and WE need you.

But you are right, another one of my points was that the troops are not showing up as you said. The response is "lackadaisical" at best. This is truly a shame and in the end will destroy us.

As for "contact the Vapers Coalition or one of these groups and get your facts straight" I have. Many times. I watch the updates, i watched the websites being built that are still under construction. I was one of the first to join CASAA I believe. I'd like to be more involved with the other groups as well. But it's difficult. The forums are confusing, the info hard to find, the form letters do not work for me.

You know, some of us just don't have time to check five different forums in various states of completeness to find out what the latest news and actions needed are.

So, I write my own. I've contacted everyone, I've participated in every letter writing campaign. Just because I didn't come in here and yell "Hey, I did it" doesn't mean I didn't. You have a lot of support from people you don't even know about. Which is great!!

Ane who is writing all the stuff? who is getting the word out and encouraging people to write in. Lots of us. But we need more.

The ultimate point is that you need help. Everyone needs help. Organization is the key, and yes, I have to agree, you do FAR MORE than your FAIR SHARE.

That is why I offered my help
. As I've done many times in the past. As many others have done in recent days right here in this very forum. But was the help welcomed? No, we are told we are discounting the efforts being done and asked to consider who is doing all the work.

I have my strong opinions about what needs to be done. And I have lot's of ideas and experience on how to do it. And I know some resources you all really need to get ahold of. I've been involved in politics for 40 years, it's one of the reason i have to be ecig guy and not the real me around here. My position on ecigs would not be very popular with some people.

But Let me help you. I beg you.

Like for example: Would you like to have a sidebar widget that you guys can put on all the websites so that people can put in their zip codes and find their local, state and national representatives and their contact info instantly? I can make that happen. In just a few hours. Just let me know where to send the script and it will be done.

I'm here. Put me to work. I may come off a bit strong and for that I'm very sorry. If I was not as passionate about this fight I probably wouldn't. But I am. So forgive me if I seem a bit strong in my opinions. I'm not trying to discount the work that's been done or the people that are doing it. I'm saying very clearly:

There is more to be done and we all need to pitch in. You shouldn't even be doing half what you have to do. You should be leading, we should be doing more of the grunt work that is distracting all our leaders.

Why not just say "Hey Reg, glad to have your help man, thanks for the well thought out opinions looks like you helped raised $20 bucks for the fight. Way to go! Let's hook up and see how you might fit in and help us out?"

You can't contact me here, i'm not allowed IMs. So contact me on your own forum now that it let me in. I look forward to doing anything I can and I won't even ask that you give me credit for one single thing.

Just let me help you.
 

Hudsonkm

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Hud--rightfully so that you are confused as this simply is not true. Rather it is a product of ASH's Public Relations that needs to be redressed and countered.

The Appeals Court Sayed Judge Leon's ruling with denied the FDA the right to embarko SE and NJOY products. There is no ruling "Banning indefinitely" the E-cig currently. Can the FDA still use its embargo powers until we have another ruling after oral argument in the fall? Yes. But that is not to say the e-cig is banned here and now.

Again, this misinformation needs to be redressed by a Public Relations Release on our part if it has not already been. I have not seen it, but maybe it already was.

ASH will always twist the facts to read how they like and we must always make sure this misinformation is corrected in the media.


Sun

Thanks for the reply, and I'm glad to hear that it's just ASH making misleading claims again.

Sadly, I've read that article on quite a few sites. Most of which do not allow for article commentary so the most that can be done is send out a few emails. Which will most likely be ignored..

Grumble.

Google

For the most part its all just re-hashing the exact same incorrect PR post article.

But I have read a few sites that are using it to promote further bans.
 
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