Supreme Court

[WILDJC]

I know nothing of the law, but can the FDA be overruled by the Supreme Court if ever by some chance it can get to the high court? I also see Justice Kennedy sometimes coming through my airport. I wonder if I could be bold enough to approach him on this subject?

Just thinking out loud and wishful thinking.

 

[Sun Vaporer]

I know nothing of the law, but can the FDA be overruled by the Supreme Court if ever by some chance it can get to the high court? I also see Justice Kennedy sometimes coming through my airport. I wonder if I could be bold enough to approach him on this subject?

Just thinking out loud and wishful thinking.

Wild--the Supreme Court is down to hearing just 50 some odd cases a year--the e-cig is not likely to be that pressing an issue to end up there---due deference will be given to the FDA and the Circuit Courts that are now hearing the case---approching a Judge like that can really catch a them off base and put them in a no win position as they are not going to comment. It is usually best to do that in a letter form.

Sun

 

[WILDJC]

Wild--the Supreme Court is down to hearing just 50 some odd cases a year--the e-cig is not likely to be that pressing an issue to end up there---due deference will be given to the FDA and the Circuit Courts that are now hearing the case---approching a Judge like that can really catch a them off base and put them in a no win position as they are not going to comment. It is usually best to do that in a letter form.

Sun

Yeah, you're probably right. But it's still tempting to approach him since I've had little chats with him in the past about fluffy stuff like the weather and sports.

 

[TropicalBob]

Wishful thinking is right. If someone managed to file a suit, it would take many years for that suit to reach the Supreme Court, assuming it had any chance at all of reaching that lofty level of justice.

The Supreme Court ruled against the FDA in 2000 on the issue of its grab for control over tobacco. It took the very deep pockets of Big Tobacco to get that suit through all courts and to the Supreme Court. That ruling noted that only Congress could give the FDA authority over tobacco products.

Congress got to work. Slow work, as usual. And this year passed the bill the President signed, giving control over tobacco to the FDA.

E-smoking has no chance of seeing any imagined suit reach the Supreme Court. Don't expect much from manufacturers who wouldn't even finance essential studies needed for FDA approval.

 

[Sun Vaporer]

Yeah, you're probably right. But it's still tempting to approach him since I've had little chats with him in the past about fluffy stuff like the weather and sports.

Wild--if you have shot the breeze with him before--then by all means go for it--but preface it that he need not answer should he not want to and that you are just apprising him how important this is to so many.


This is really all going to be mute very soon--the Nicotral Inhalor is grearing up for OTC status--so get ready to suck on another NRT that does not work.

Sun

 

[WILDJC]

Wild--if you have shot the breeze with him before--then by all means go for it--but preface it that he need not answer should he not want to and that you are just apprising him how important this is to so many.


This is really all going to be mute very soon--the Nicotral Inhalor is grearing up for OTC status--so get ready to suck on another NRT that does not work.

Sun

I think I'll start out small by approaching my Congressman Tim Bishop who I do see very often.

Thanks Sun

 

[TropicalBob]

This is really all going to be moot very soon--the Nicatrol Inhaler is gearing up for OTC status--so get ready to suck on another NRT that does not work.

Interesting. Hadn't seen that, Sun. Now the FDA can truthfully say that smokers have a readily available fake cigarette that delivers a safe and effective level of nicotine while meeting all regulations. Thus there is no "need" for yet another fake cigarette, especially one straddled with unknowns. Exit the e-cig until studies are completed, reviewed, accepted and approved.

 

[Sun Vaporer]

Yes TB--coming soon to a Walgreens near you!!! And with all the money, AND approval, providing safety studies, and following proper protocal, the Inhaler will gets its spot on the Counter and the e-cig will fall to the wayside until they too step up to the plate---this end run around by the e-cig manufactures really did us, as consumers in, IMO.

Sun

 

[DaBrat]

Sun,

Well we all kinda figured big P and Big T were involved... now to force us all to walk lockstep and keep smoking. Gonna start cutting my juice with VG and buckle down.

Big Pharma and Big Tobacco can cast lots all they want but they will not get me even if I have to ration my supplies then do without...

Paypal will never get another dime if they cut off my supplier (heck they never got a dime til now and the account has been open for at least three years). Ebay can jump. I will spend my money where people give me what I want, I will not be forced to spend my money on what they think I should have.

That is what freedom is all about!

 

[pcore]

My opinion is that people should have freedom. That includes freedom as to what they put into their bodies, as well as freedom to choose whether they need products that are verified and approved by the government. The FDA could give a "seal of approval" to products that it had evaluated, and people who need that security could make sure to look for that seal on every product they buy.

 

[Bones]

Wild--if you have shot the breeze with him before--then by all means go for it--but preface it that he need not answer should he not want to and that you are just apprising him how important this is to so many.


This is really all going to be mute very soon--the Nicotral Inhalor is grearing up for OTC status--so get ready to suck on another NRT that does not work.

Sun

I've been seeing Nicotrol and Nicorette inhalers for sale at Amazon.com all year long - What is this "gearing up for OTC status"? - They are OTC already - I saw them there back in April when I started shopping for my first e-cig -
Amazon.com: Nicorette Inhalers 42 cartridges - Nicotine Inhalation System: Health & Personal Care

 

[Sun Vaporer]

I've been seeing Nicotrol and Nicorette inhalers for sale at Amazon.com all year long - What is this "gearing up for OTC status"? - They are OTC already - I saw them there back in April when I started shopping for my first e-cig -
Amazon.com: Nicorette Inhalers 42 cartridges - Nicotine Inhalation System: Health & Personal Care

Bones--when you can go into CVS or Walgreens and buy one--then they are OTC. The Nitotrol Inhaler is still not apporved for OTC yet--but will be soon.

Sun

 

[Bones]

Bones--when you can go into CVS or Walgreens and buy one--then they are OTC. The Nitotrol Inhaler is still not apporved for OTC yet--but will be soon.

Sun

I thought OTC meant you don't need a prescription?

 

[BigJimW]

I thought OTC meant you don't need a prescription?

OTC means Only Tons of Cash.

It'll be expensive. Nah. I'll stick with my china connection and take random chances with customs.

 

[Sar]

I thought OTC meant you don't need a prescription?

That is what I thought too. Over-The-Counter...

 

[Sun Vaporer]

That is what I thought too. Over-The-Counter...

Sar--OTC does mean "over the counter" and no script needed. Good for insurance companies but bad for consumers as insurance does not pay for OTC meds.

Sun

 

[src97]

Over the counter means no prescription needed. Thus, if you can purchase on amazon.com it is already OTC. Walgreens and CVS just currently do not carry it.

I have to stop reading all these posts. SO much gloom and doom. Everytime we see something negative about how all e cigs are doomed I think it causes a hasty rush to buy store supplies.

It kinda makes me wonder if Sun and TB are secretly in cahoots with American suppliers. Everyone of their posts must increase sales by about 50%, even if its effect is only transitory.

Please people, we can get steroids and xanex via the internet. You can go to the corner and buy heroine and crack. You can call the neighbor kid and buy some pot. Heck you can go to the head shop and buy a .....

A ban on e-cigs will not make it impossible to buy supplies. It is too popular and the FDA hype has actually increased sales. So in the last month the number of e smokers have increased to over a million in the US. Thanks FDA.

Express yourself to legislators, to the FDA directly, to your clergyman. It all will help in the long run. But stop worrying yourself.

People always get what they want even when everyone else deems it "bad" or "banned" or even "illegal".

 

[Sar]

Sar--OTC does mean "over the counter" and no script needed. Good for insurance companies but bad for consumers as insurance does not pay for OTC meds.

Sun

Thanks Sun! Actually, there is one thing that I haven't seen: how do the insurance companies feel about e-cigs? Wouldn't the health insurance be our ally in getting smokers to something that is far less harmful, switched them to PVs?

 

[Sun Vaporer]

Thanks Sun! Actually, there is one thing that I haven't seen: how do the insurance companies feel about e-cigs? Wouldn't the health insurance be our ally in getting smokers to something that is far less harmful, switched them to PVs?

Sar--Well they are pushing for Nicotrol to go OTC and that is going to happen soon--Remember only some Insurance Companies cover NRT's in the first place, and some do not. That is why the Patch went OTC faster then a shooting star when it came out. With Nicotrol now going OTC soon, I do not think the Insurance Companies really have any vested interest to be concerned about when it comes to the e-cig.

Sun

 

[Sar]

Sar--Well they are pushing for Nicotrol to go OTC and that is going to happen soon--Remember only some Insurance Companies cover NRT's in the first place, and some do not. That is why the Patch went OTC faster then a shooting star when it came out. With Nicotrol now going OTC soon, I do not think the Insurance Companies really have any vested interest to be concerned about when it comes to the e-cig.

Sun

I don't know how health insurance works exactly, but I imagine that from a bird's-eye point of view they make money by getting members pay to a pool of money from which they pay for medical care of the members when needed and what is left over is profit. So the less money they have to pay out for medical care, the better the profit. If smoking causes health problems, the medical care needed would eat up more money from the pool, so it would be to their advantage to reduce that problem. Just from the cost/benefit ratio, wouldn't the insurance company profit more from insuring 100 vapers than from 100 smokers?