Totally Wicked filing lawsuit against the FDA

[MoonRose]

This was posted by JustJulie in SE, njoy vs FDA - Discussion
WTG Totally Wicked!

But the reason why I'm popping in over the weekend when there's clearly no docket update to be offered is because the word is that Totally Wicked is filing a lawsuit against the FDA: Totally Wicked: "UNITED STATES DISTRICT COURT<br/>FOR ..." « Deck.ly

It seems to me that since the legal theories have been fairly well developed (and apparently well-received by the courts), vendors who have a bone to pick with the FDA wouldn't be taking too much of a risk to file a lawsuit. With any luck, Totally Wicked's law suit will be the start of a movement among vendors to put some pressure on the FDA with lawsuits.

 

[Vocalek]

If TW's Prayer for Relief is granted, FDA will be ordered to remove e-cigarettes from Import Ban 66-41, which would be to the benefit of all vendors.

 

[jj2]

Way to go TW---I knew I loved this place for more than it's e-liquid!!!

 

[FreakyStylie]

I've been following their Twitter posts on this. It is very interesting. It is an action against both, the FDA, and the Department of Health and Human Services.

I like what is included in this tweet: http://www.tweetdeck.com/twitter/Mr_Wicked/~WeTAo


"TWI has been seriously injured . . . ."
"TWI requests that the Court: (1) declare that the actions of the FDA as set forth herein are unlawful . . . ."

 

[Bill Godshall]

TW is using the same lawfirm (Thompson Hines) that Smoking Everywhere hired to sue the FDA, and then failed to pay.

TW's lawsuit basically seeks to prevent the FDA from seizing TW products, but don't know if it would force FDA to remove all e-cigarettes from Import Alert 66-41.

It would be very helpful to find out more details of this lawsuit (e.g. when it was filed).

 

[JustJulie]

TW is using the same lawfirm (Thompson Hines) that Smoking Everywhere hired to sue the FDA, and then failed to pay.

TW's lawsuit basically seeks to prevent the FDA from seizing TW products, but don't know if it would force FDA to remove all e-cigarettes from Import Alert 66-41.

It would be very helpful to find out more details of this lawsuit (e.g. when it was filed).

It hasn't been filed yet . . . as soon as it is, it will be added to the docket watch, probably as part of the njoy v. FDA thread.

 

[FreakyStylie]

I've been following their Twitter posts on this. It is very interesting. It is an action against both, the FDA, and the Department of Health and Human Services.

I like what is included in this tweet: Totally Wicked: "COUNT I<br/>(Declaratory Judgment)<br/>42.TWI incorporates ..." « Deck.ly


"TWI has been seriously injured . . . ."
"TWI requests that the Court: (1) declare that the actions of the FDA as set forth herein are unlawful . . . ."

Looking through this link again, I found something curious. Did their attorney just use the same paperwork as with SE?

46.TWI has already been seriously harmed in that one shipment of electronic cigarettes and accessories has been detained and denied entry into the United States based on the FDA's erroneous interpretation of its authority. TWI continues to face the threat of irreparable harm in that: (a) TWI receives 100 percent of its revenue from imported electronic cigarettes and does not have a domestic supplier currently available to it; (b) TWI will lose its ability to fulfill its contractual obligations with its overseas suppliers in the event that it is not permitted to continue importing electronic cigarettes in the near future; (c) the FDA's import ban threatens the continued viability of SE, which will be forced to close its doors in the immediate future in the event that it is not able to resume importing electronic cigarettes and accessories.

It looks as if they just changed the SE to TWI in the paperwork, but one (or more) got missed somehow. Or maybe I just don't speak enough legaleze.

 

[Beez]

I am pretty new to vaping, but doing all things at 120% have now ordered from 8 different vendors. So far, Totally Wicked has not been one of these, but since they are taking this stand I am so much more likely to add them to my list (and any other vendor that helps in this fight). I have also taken note of vendors who support CASSA and other vp supporting orgs. Givem hell TW!!

 

[tybin]

lol. hope they fix that!

Looking through this link again, I found something curious. Did their attorney just use the same paperwork as with SE?



It looks as if they just changed the SE to TWI in the paperwork, but one (or more) got missed somehow. Or maybe I just don't speak enough legaleze.

 

[Nightseer]

I am pretty new to vaping, but doing all things at 120% have now ordered from 8 different vendors. So far, Totally Wicked has not been one of these, but since they are taking this stand I am so much more likely to add them to my list (and any other vendor that helps in this fight). I have also taken note of vendors who support CASSA and other vp supporting orgs. Givem hell TW!!

Yup. Added to my next vendor order.

 

[classwife]

This move by TW impresses me.

 

[pianoguy]

Excellent!!

 

[cobaltblue]

Great news!

 

[Bustastew]

Good job TW, but are we really going to have to go through this long process one ecig company at a time? I really hope the judges get fed up this time and tell the FDA to knock it off or Margaret A. Hamburg goes to prison!

 

[Bustastew]

Margaret Hamburg and her FDA gangsters have done enough damage! They are part of the rebel alliance and a traitor, take them away!

 

[Uma]

I know where I'll be shopping for awhile.

the devil made me do it.

 

[Turnkeys]

Each ruling in favor of a vendor strengthens the next, (assuming it's the same issue.) So yes, with sufficient precedent it's entirely likely blanket injunctions could be ordered.

 

[jameth]

Glad I supported TW with my first order!

I have enjoyed their juice a lot, so now I have a reason to continue ordering from them!

TW FTW!

 

[ahardrain]

Unfortunately they are already running low on inventory here in the states and while it is good that people are now supporting them with orders, it will be an uphill battle for them. I have read on this forum where TW has been bashed for being more expensive and pandering to a young market, both claims I know is BS. They are and continue to be one of the best and professional vendors out there.

With so many new e-cig stores opening up daily, many with no quality control, working out of their kitchens, it is no wonder the FDA is looking at regulating this industry and quickly. NY might be the first, but certainly not the last state to ban sales. Until the manufacturing process complies with all of the FDA regulations, this industry is in trouble, no matter how you spin it.

 

[clark8876]

Copied of my post from SE, NJoy vs FDA--Discussion thread

Looks like it's now official from TW.

This received via email at 1824 (GMT+8:00) 16 Feb from TW.
http://www.totallywicked-eliquid.co.uk/blog/?eref=mail

BTW: We just had a rainshower, nothing much but I think I can hear the neighbours dancing!!!