Thought I would share

[kelm]

I just read this and thought I would share it.

Judge Richard J. Leon of Federal District Court in Washington, D.C. ordered the Food Drug Administration (FDA) to stop their electronic cigarette ban. According to the New York Times, the electronic cigarette ban by the FDA was an aggressive effort switch tobacco regulation into a drug or medical device regulation.
Electronic cigarettes (also known as e-cigarettes) are tubes that are powered by batteries in order to heat lquid nicotine into a vapor that is inhaled by the user. The two companies involved in this lawsuit are Smoking Everywhere Inc. and njoy; which are two Chinese manufacturers.

The judge wrote: "This case appears to be yet another example of F.D.A.'s aggressive efforts to regulate recreational tobacco products as drugs or devices." The FDA will be able to regulate the e-cigarettes under its new tobacco division, but it will not be able to ban the product altogether.
The New York Times quoted a statement released by the FDA as saying: "The public health issues surrounding electronic cigarettes are of serious concern to the F.D.A. The agency is reviewing Judge Leon's opinion and will decide the appropriate action to take."
The FDA released a press release back in July 2009 that stated the harm of the product. Their laboratory analysis of electronic cigarette samples found carcinogens such as nitrosamines and diethylene glycol, an ingredient used in antifreeze.
The Wall Street Journal reports that e-cigarettes are currently under fire by the attorneys general of California and New Jersey.
Related Resources:


Federal Court Deals Blow to Public Health in Ruling FDA Cannot Regulate E-Cigarettes as Drugs or Medical Devices - Worldnews.com






Now only if Canada would pull it's head........

 

[Happy Domino38]

I agree Kelm! But, if Big Brother USA doesn't like something, we have to HATE it. I wouldn't even know e-cigs EXISTED unless I went on holiday to the States. I swear, we should call the news channels and tell them what we're missing. We'll NEVER get the 'ban' lifted, when the product IS something NO ONE in Canada has even HEARD of.

 

[Vocalek]

The links go to a page with the title "Federal Court Deals Blow to Public Health in Ruling FDA Cannot Regulate E-Cigarettes as Drugs or Medical Devices" containing a lot of videos. The first one is off topic. It's an interview with Dr. Brandt about the Tobacco Act. The rest of the videos appear to be in support of the ruling. The second one is quite interesting, as it is an interview with the attorney for NJOY. The third one was put out by Freedom2Vape. The first half is backed up by very loud and annoying music, and unfortunately the person who wrote it doesn't know how to spell "losing." The next 3 are by Big Jim. The next one (Zeitgeist Addendum) is totally incomprehensible.

The last one was recently posted here. It's the one by Fox News with the woman reporter who asks, "The FDA's worried that these things might not be safe. As opposed to a cigarette? I mean, really?"

I left the following comment (but comments are not displayed. I guess they just go to the "bit bucket.")

The headline for this page should be revised to read "Federal Court Rules FDA Cannot Regulate E-Cigarettes as Drugs or Medical Devices." None of the videos on this page claim this ruling is a blow to public health. In point of fact, If the judge had ruled in FDA's favor, hundreds of thousands of former smokers, denied access to this safer alternative, would have gone back to inhaling tobacco cigarette smoke. A blow to public health was avoided by Judge Leon ruling against the FDA.

BTW, if you click "Read full article" you are routed to an article on PR Newswire that does have the same title as the headline in question. It was put out by Campaign for Tobacco Free Kids back in January 2010. It contains the usual drivel.

 

[kelm]

I also found this link you might like if you are Canadian.

Daily Planet

 

[kelm]

Here is a couple of links as well on the court ruling

WASHINGTON – U.S. District federal Judge Richard J. Leon ruled FDA exceeded from it?s authority by seizing E-Cigarette | FM Washington

WASHINGTON - U.S. District federal Judge Richard J. Leon ruled FDA exceeded from it?s authority by seizing E-Cigarette

Federal Court Decision Prohibits FDA From Detaining NJOY, Electronic Cigarettes. | North America > United States from AllBusiness.com

 

[nojoyet]

Also this from CBC news, Jan 2009
CBC News - World - What a drag as pub goers switch to electronic ciggies

This is how I first heard of e-cigs. Dr. Phillips and Tobaccoharmreduction.org deserve a lot of credit for getting the info out to Canadians. Sadly, it sure didn't take long for the powers that be to put the advisory in place.

 

[Vocalek]

Kelm: As you are relatively new to the forum, you might want to catch up on the court case of Smoking Everywhere v. FDA. The first six threads that are "stickies" in this E-Cigarette News sub forum contain a history of what has happened in the case.

 

[kelm]

Thanks I will check them out.

 

[FlyerTom]

Who exactly is in charge here?

On the one hand, "Judge Richard J. Leon of Federal District Court in Washington, D.C. ordered the Food Drug Administration (FDA) to stop their electronic cigarette ban."

On the other, "The agency is reviewing Judge Leon's opinion and will decide the appropriate action to take."

The court orders you to do or don't do something, and you have the luxury of deciding what action you wish to pursue? Is that overstepping your authority or pure arrogance? Methinks that's contempt.

 

[Vocalek]

Alternate interpretation: FDA was deciding what action to take in the court case--whether to give up or to file an appeal. They appealed. The appeals court automatically granted a stay of the lower court's injunction, pending hearing arguments on the appeal. The appeals hearing is scheduled for September. While the stay is in force, they are not obligated to follow the lower court's ruling.

 

[bassnut]

While the stay is in force, they are not obligated to follow the lower court's ruling.

Depending on which side of the issue you're on this would seem just or unjust.
I'm content to trust the system regardless. It's a miserable system but it's far better than all the rest.
Who's statement did I just paraphrase?