Totally Wicked in FDA Showdown

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Smokin' No More

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Mar 26, 2010
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Just got this in my e-mail box from TW:

Totally Wicked is going to court to demand the release of its electronic cigarettes, currently impounded in the United States. In addition, the Lancashire based company hopes to bar the FDA from exceeding its law making powers, which could threaten the company’s future in America.


The Food and Drug Administration (FDA) is a federal agency established to regulate the release of new foods and heath related products.


It is Totally Wicked’s belief that they are attempting to regulate their electronic cigarettes and accessories as drugs, devices, or drug-device combination products under the federal Food, Drug, and Cosmetics Act.


In October 2010, acting on orders by the FDA, U.S Custom’s officers detained a shipment of electronic cigarettes and accessories being imported into the United States through Miami International Airport by Totally Wicked.


They claimed the products appeared to be “misbranded” and “unapproved new drugs”.
Totally Wicked refute the claims. The company does not, and has never, marketed or advertised its electronic cigarettes for any therapeutic purpose or as a smoking cessation aid.


Instead, Totally Wicked markets, labels, and sells its electronic cigarette products and accessories solely to provide adult consumers with an alternative smoking experience that excludes many of the inconveniences and negative associations surrounding smoking traditional cigarettes.


Totally Wicked is as an ongoing business. Electronic cigarettes are imported from overseas as at present there are no domestic suppliers.


Therefore, 100% of the company’s revenues are obtained from the importation and distribution of electronic cigarettes and accessories and, unless there is a reversal of the FDA’s policy, Totally Wicked will remain unable to import any electronic cigarette products into the United States.


This could put the company’s U.S future in jeopardy as current stocks of electronic cigarettes are already nearly exhausted, and Totally Wicked will be required to close its doors in the immediate future in the event that it is unable to obtain further shipments of electronic cigarettes.


The case continues.Follow The Totally Wicked Blog and Mr_Wicked on Twitter for Updates as they happen.

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Can someone explain to me what the hell's going on here? I thought the courts already told the FDA to buzz off.
 

Mrcarcrazy

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Jul 29, 2010
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I too got this email. It has been mentioned more than a few times that the FDA is seizing everything that passes through customs that they find. I'm glad to see TW going on the offensive. Wonder if writing my reps would do any good? I'm by no means an important man, so I kinda doubt it, but I have written about gun rights in more than one instance, so I may write up something.
 

Rosco

Vaping Master
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Dec 23, 2010
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Good for Totally Wicked... I have never tried any of their products but I think I will now if only to support the fight.

Any person who vapes SHOULD have already been supporting CASAA. tw is just another vendor getting hit by the fda powers. This has been going on......tw is just one of them.
It surprises me that some seem surprised. CASAA is who and where we should be encouraging and supporting.
 

instamix

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Aug 3, 2010
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Kansas
Any person who vapes SHOULD have already been supporting CASAA. tw is just another vendor getting hit by the fda powers. This has been going on......tw is just one of them.
It surprises me that some seem surprised. CASAA is who and where we should be encouraging and supporting.

supporting every one that fights the good fight is the idea...

But it always ends in a court room showdown..
 

JustJulie

CASAA
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Jan 30, 2009
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The Totally Wicked case has been added to the docket watch that's being kept on the NJOY v. FDA thread in the News Subforum. For those who haven't been following the thread, it's a long one, and there's no need to go to the very beginning unless you're a glutton for punishment. :)

The Totally Wicked Watch starts at Post No. 1778, and if I've done it right, this link should take you to that point in the thread:
http://www.e-cigarette-forum.com/fo...se-njoy-vs-fda-discussion-45.html#post2706894
 
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