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

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crazybry79

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Sep 8, 2009
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Sun. Just wanted to say thanx for your work and effort.

BTW....Everyones so worried about this nonFDA approval. Did you know that Bayer Asprin with HeartAdvantage is not FDA approved?

I agree fully that if the FDA bans this product, aquition of the product and its accessories will be a tad more difficult. But if ya think about it, EVERYONE here knows someone who smokes marijuana. Where do those users get it from? (I know - at a cost....)

Now, I said that, to ask this. Say the FDA bans the sale and marketing of the ECigs. Lets pretend that happens. Now I am walking down the street, vaping away, and a friendly police officer stops me. Am I in violation for possetion? Or is that something completely different>
 

Sun Vaporer

Moved On
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Jan 2, 2009
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Sun. Just wanted to say thanx for your work and effort.

BTW....Everyones so worried about this nonFDA approval. Did you know that Bayer Asprin with HeartAdvantage is not FDA approved?

I agree fully that if the FDA bans this product, aquition of the product and its accessories will be a tad more difficult. But if ya think about it, EVERYONE here knows someone who smokes marijuana. Where do those users get it from? (I know - at a cost....)

Now, I said that, to ask this. Say the FDA bans the sale and marketing of the ECigs. Lets pretend that happens. Now I am walking down the street, vaping away, and a friendly police officer stops me. Am I in violation for possetion? Or is that something completely different>

Crazybry79---No issues there---the possession and use is not in issue here. Only the importation, sale, and marketing should Judge Leon hold for the FDA. Possession and use are legal.

Sun
 

grimmer255

Vaping Master
ECF Veteran
Jul 5, 2009
3,271
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somewhere out there......
That is completely different.....main reason its illegal to have possession of marijuana federal law even in states that allow medical marijuana Federal law trumps state law. So if you use medical marijuana dont get seen by feds with it. Ecigs are not even in a law yet. So to have possession of it is legal. But to sell or distribute it will have to follow the FDA guide lines because its something that is put into your body that alters the chemisty and also its the law.


of course if im wrong let me know...i learned a lot here from Sunvaper
 
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Darkest

Senior Member
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Mar 5, 2009
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Sun, I have a question, a stupid one perhaps, but I'd like to know the answer and you seem pretty knowledgeable about this sort of thing. I would really like to hear your opinion.

What exactly would it take to get our government to listen to us outside "legal channels"? I mean, if it was very, very clear a large part of the population was against something wouldn't the government have to listen? If enough people marched on Washington, made their voices heard etc? Or would they just pull a Wako on the louder people until everyone else shut up?

What has happened in the past in America with civil disobedience? Have we ever been able to get the government to pay attention through non-violent means and change something like this?

I don't see waiting years for something that can change and save so many lives.
 

Sun Vaporer

Moved On
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Jan 2, 2009
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Sun, I have a question, a stupid one perhaps, but I'd like to know the answer and you seem pretty knowledgeable about this sort of thing. I would really like to hear your opinion.

What exactly would it take to get our government to listen to us outside "legal channels"? I mean, if it was very, very clear a large part of the population was against something wouldn't the government have to listen? If enough people marched on Washington, made their voices heard etc? Or would they just pull a Wako on the louder people until everyone else shut up?

What has happened in the past in America with civil disobedience? Have we ever been able to get the government to pay attention through non-violent means and change something like this?

I don't see waiting years for something that can change and save so many lives.


Darkest---The biggest problem here is exposue when we are talking outside the hollow halls of Justice. For every pro-esmoker, ASH and company can rally 7 anti-smokers. We are outnumbered and outspent at this point in time--------but things may change if we keep working on it. There reallly is no good clean answer here---I really wish there was. SE and njoy settling the case based on a fast track appoval would be the best answer, but I do not see that happening.


Sun
 

Darkest

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Mar 5, 2009
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Thank you Sun, for the record I have a lot of respect for you and your opinion. I guess public education is the main thing we need to focus on, but then to get them to act on it is another story. Certain of these groups seem very good at fear mongering and that is also very difficult to get past. Most people don't have enough interest to research in detail and just pick up what they are told by the news etc. I'll shut up now, I didn't mean to go off on a tangent on this thread. :)
 

TheIllustratedMan

Super Member
ECF Veteran
Jun 12, 2009
442
12
Upstate, NY
Sun, I have a question, a stupid one perhaps, but I'd like to know the answer and you seem pretty knowledgeable about this sort of thing. I would really like to hear your opinion.

What exactly would it take to get our government to listen to us outside "legal channels"? I mean, if it was very, very clear a large part of the population was against something wouldn't the government have to listen? If enough people marched on Washington, made their voices heard etc? Or would they just pull a Wako on the louder people until everyone else shut up?

What has happened in the past in America with civil disobedience? Have we ever been able to get the government to pay attention through non-violent means and change something like this?

I don't see waiting years for something that can change and save so many lives.

This sounds like a great idea. Can't you just imagine thousands of vapers sitting in the DC mall around the reflecting pool just vaping away? Passing out cards and pamphlets to anyone interested in what those "things" are? Putting up little signs to inform people? Talking to everyone they meet? Sounds like a dream.

And it probably is.

After the Alliance brief was filed, an open call went out to everyone on this forum (and others) to add their real name, address, phone number, and email address to the ad hoc group. This information would be held until such time as it was requested by the court. There are over 15 thousand registered users on ECF alone, over 5 thousand of those active. How many names do you think made that list?

Fifty.

There were about 50 people who stood up and said "ME! I'm part of the Alliance. I want to help!"

Now, I'm not saying that *everyone* who didn't add their name isn't willing to fight, because I know that there are people who didn't participate for very specific reasons, and I understand that. But to have only 1% of the active users on this forum do something as simple as put their real information on a confidential list? Good luck trying to get them to show their faces in DC.

It's raining, I'm a pessimist today. :D
 

Webby

Resting In Peace
ECF Veteran
Mar 31, 2009
796
15
USA
I do want to note that I am fully aware that this is an international forum and as such not everyone was eligible to add their name. Doesn't change my opinion on that number.

I feel your frustration IMan... (BTW, I did ask to be put on that list, please let me know if I am not already there) This might be something that suppliers can play an active part in. I know there are dozens of us on the ECF, and our customers number in the tens of thousands.

You bring up a good point, less than 50 people signed up (geez...I would have thought you'd have had ten times that) What if instead of hitting up the 15,000 users on ECF...we got the word out to the hundreds of thousands of e-cig users in the US alone?

The majority of my customers are middle aged, middle class Americans - some who barely use the internet, some not at all (they buy from retail tobacco store resellers) but nearly all are email users or casual web surfers. Forums are fantastic (my BG with Usenet goes back 25 years) but not everyone can or does follow the fight.

One effort we are persuing in CASAA is to get suppliers to inform their customer lists about these types of events. Not to spam their lists, of course, but to point them to the resources like CASAA, ECA, RtV (and dozens of others) available on the web and by mailing lists. After all, we're all in this together - if e-cigs are banned, we are all in a world of hurt.
 

catwoman19

Super Member
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Jul 16, 2009
620
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Orlando
Crazybry79---No issues there---the possession and use is not in issue here. Only the importation, sale, and marketing should Judge Leon hold for the FDA. Possession and use are legal.

Sun
This may have already been answered, but, would it be illegal to buy? Say I order from China and it gets stopped by customs, who gets the ax, me or the shipper or both?:sleep:
 

catwoman19

Super Member
ECF Veteran
Jul 16, 2009
620
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Orlando
After the Alliance brief was filed, an open call went out to everyone on this forum (and others) to add their real name, address, phone number, and email address to the ad hoc group. This information would be held until such time as it was requested by the court. There are over 15 thousand registered users on ECF alone, over 5 thousand of those active. How many names do you think made that list?
Fifty.

There were about 50 people who stood up and said "ME! I'm part of the Alliance. I want to help!"

Now, I'm not saying that *everyone* who didn't add their name isn't willing to fight, because I know that there are people who didn't participate for very specific reasons, and I understand that. But to have only 1% of the active users on this forum do something as simple as put their real information on a confidential list? Good luck trying to get them to show their faces in DC.

It's raining, I'm a pessimist today. :D
We might have more people sign up if somewhere on the forum, possibly at the top, there was a link for everyone to click o n and give thier info. That post was so long ago, I'm sure there are hundreds if not thousands of the forum users who don't know they can still sign. Just a suggestion:sleep:
 

deewal

Super Member
ECF Veteran
Aug 30, 2008
692
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In a house.
This may have already been answered, but, would it be illegal to buy? Say I order from China and it gets stopped by customs, who gets the ax, me or the shipper or both?:sleep:

That is a question i would like to see the answer to. If "Possession and use are legal" but Importing and Selling (because they are not manufactured in the US) are illegal, then i can only assume that the USA's legal system has lost it's marbles.

This is actually a very important question.
They cannot touch the Chinese Manufacturer/Exporter.They can stop the shipment from entering the US but they cannot touch the Chinese Firm that sent it because it is Legal in His Country.
 
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sherid

Ultra Member
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May 25, 2008
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This sounds like a great idea. Can't you just imagine thousands of vapers sitting in the DC mall around the reflecting pool just vaping away? Passing out cards and pamphlets to anyone interested in what those "things" are? Putting up little signs to inform people? Talking to everyone they meet? Sounds like a dream.

And it probably is.

After the Alliance brief was filed, an open call went out to everyone on this forum (and others) to add their real name, address, phone number, and email address to the ad hoc group. This information would be held until such time as it was requested by the court. There are over 15 thousand registered users on ECF alone, over 5 thousand of those active. How many names do you think made that list?

Fifty.

There were about 50 people who stood up and said "ME! I'm part of the Alliance. I want to help!"

Now, I'm not saying that *everyone* who didn't add their name isn't willing to fight, because I know that there are people who didn't participate for very specific reasons, and I understand that. But to have only 1% of the active users on this forum do something as simple as put their real information on a confidential list? Good luck trying to get them to show their faces in DC.

It's raining, I'm a pessimist today. :D

I thought a bit about adding my name, but then I thought, how could I NOT? If you are not part of the solution, you are in fact, a part of the problem.
 

JustJulie

CASAA
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Jan 30, 2009
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Actually, I think we managed to crawl up to 60 additional names or so. And, yes, Webby, you are indeed on the list.

Frankly, I understand why some people might be uncomfortable about putting their real names and addresses out there, and especially sending the information to virtual strangers (pun intended). I also understand that the Alliance's arguments might not have been those that everyone would feel comfortable making.

And I also realize that for some folks, there might have been a feeling that the addition of another name onto the list was more of a gesture since the brief had already been filed.

Even so, I have to admit that I was a bit surprised that so few folks decided to take the opportunity, such as it was, to stand up and be counted.

But, then, this speaks to the point that Nate was making . . . there are an awful lot of people bemoaning our plight but that moaning rarely seems to translate into anything much more than posting on forums about how screwed we are. Whether it's joining an organization of like-minded individuals, writing letters to the editor of your local newspaper, contacting journalists trying to get them interested in doing an article, writing your congressmen, or simply taking the time to educate some random person out there on the advantages of using a PV, there is something we as individuals can do.

Sherid is exactly correct: If we are not part of the solution, then we are indeed part of the problem.
 

Sun Vaporer

Moved On
ECF Veteran
Jan 2, 2009
10,146
27
Florida
If the judge rules in favor of the FDA, do you think manufacturers and suppliers will still be allowed to honor their warranties and send out replacements?

If this is the wrong place for this question, please feel free to move it, and thank you for all the time you spend keeping this updated :)

Niniane---As other bans around the world showed, some companies still tried to honor their warrantees and others did not. So it was hit or miss. I did help a few Members here out with NJOY when the ban went into effect in Australa. So the veridit is still out on that.



Sun
 

a2dcovert

Ultra Member
ECF Veteran
Apr 24, 2009
1,929
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Louisiana
This sounds like a great idea. Can't you just imagine thousands of vapers sitting in the DC mall around the reflecting pool just vaping away? Passing out cards and pamphlets to anyone interested in what those "things" are? Putting up little signs to inform people? Talking to everyone they meet? Sounds like a dream.

And it probably is.

After the Alliance brief was filed, an open call went out to everyone on this forum (and others) to add their real name, address, phone number, and email address to the ad hoc group. This information would be held until such time as it was requested by the court. There are over 15 thousand registered users on ECF alone, over 5 thousand of those active. How many names do you think made that list?

Fifty.

There were about 50 people who stood up and said "ME! I'm part of the Alliance. I want to help!"

Now, I'm not saying that *everyone* who didn't add their name isn't willing to fight, because I know that there are people who didn't participate for very specific reasons, and I understand that. But to have only 1% of the active users on this forum do something as simple as put their real information on a confidential list? Good luck trying to get them to show their faces in DC.

It's raining, I'm a pessimist today. :D

I missed that post. Was it in the news section?

Kevin
 

BigJimW

Moved On
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May 17, 2009
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www.moonport.org
To everyone on the forum. I would like to take a moment and apologize to anyone whom I may have offended. I did not come here to make people mad, sometimes my mouth engages before my brain does. Please accept my sincerest apologies.:oops::oops::oops:

Try doing this on YouTube like I do. ;)
 
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