Supreme Court to FDA: Don't Regulate Tobacco

[STB]

This is an excerpt from our article at our newly launched site at SmokeShopTalk.com. Here is the intro, would love any feedback.

...

"Clinton Administration and the FDA Goes After Big tobacco in 1994. In that same year, Big tobacco lawyer, Kenneth Starr, appointed Whitewater investigator.

Starting in 1994, the FDA asserted regulatory authority over the sale of cigarettes claiming that cigarettes were a “drug delivery system” for the addictive ingredient in tobacco, namely nicotine. The FDA made the novel case that it would regulate cigarettes as a drug and a ‘medical device.’ Tobacco manufacturer Brown & Williamson sued the FDA, attempting to prevent the FDA from exercising their statutory regulatory authority. The case bounced its way up to the US Supreme Court. The majority opinion held that the FDA did not have the authority to regulate tobacco and in turn nicotine levels within cigarettes."


Full article at SmokeShopTalk

 

[undefind]

so, basically what this is saying is that the FDA has no right to ban e-cigs or regulate the amount of nicotine in them? are you just posting this for informational purpose or are you hinting at something. i aint too smart

 

[CaptJay]

Are you advertising another forum website by using this one? Or is this a website to help vapers or something to do with fighting current legisaltion? Not really sure what your purpose is, no offense just curious.

 

[stalnakerz]

but they will argue there is no tobacco in e-cigs. gov't will try to find a way to controll what they think they can get away with.

 

[STB]

Ok, there are number of important questions here. I will address them one at a time.

1) Are you advertising another forum?

No. We have created news and information resource designed to highlight the hypocrisy that much of the B.s. that passes for imformation these days. We realized there is a lot fake news sponsored by the cigarette industry designed to confuse the situation. In our opinion it is nothing more than propaganda. We've taken it upon ourselves to point it out.

2) "Our you saying that the FDA doesn't have the right to regulate tobacco?"

Yes and No. The Supreme Court itself in the 1990s argued that the FDA *could not* regulate cigarettes as a "nicotine delivery device." They said that had Congress intended to do so, it would have explicitly granted the FDA that right. Scalia was instrumental in writing that opinion. Now, 10 years later the same argument is being made that as a "nicotine delivery device" an eCig shouldn't be regulatable by the FDA. IT was Scalia himself who wrote that opinion. But, in true Supreme Court sleigh of hand, they are trying to wriggle out of their own edict. The fact remains, the US Supreme Court said that as such, the FDA cannot regulate "nicotine delivery devices." So then, under what authority does the FDA claim that it can prevent eCigs from being used today? "Health and Safety?" That's a joke. Cigarettes have shown to be extraordinarily deadly both to the smoker and those around him. The fact is, the Supreme Court and Big Tobacco worked hand in hand to shut down the 90s legislation and now are stuck w/ the results. Too bad for them.

If the FDA and Congress act to claim that nicotine is an inherently dangerous substance and deserves to be regulated as such, you could see a whole host of changes to the industry and we're sure Big Tobacco simply wants to harrass the ecig companies out of existance. Until of course, they acquire all the patents and shut the business down. Remember GM's electric car?

3) "The Govt will try and find a way to controll [sic] what they think they can get away with."

Agreed. That is why, the industry must bring up the notion of freedom of choice. The same arguments that the tobacco lobby used for a century. It is also the same logic that keeps liquor on the shelves as well as asparatme and other much more deadly and toxic chemicals.

 

[Janetda]

So then, under what authority does the FDA claim that it can prevent eCigs from being used today?

That would be the Family Smoking Prevention and Tobacco Control Act passed by Congress in 2009. Which ever way the the current lawsuit ends, the FDA will have authority to regulate e-cigarettes. The only question is under which category.