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Vape shops sue to block U.S. regulation covering e-cigarettes

Discussion in 'FDA Regulations' started by FlamingoTutu, Jan 30, 2018.

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  1. Ralph_K

    Ralph_K Senior Member

    Jan 1, 2018
    Of course it violates 1st amendment. have you read the 1st amendment? It say congress shall make no law infringing on free speech. That means all speech. Just because a few ....ty judges ruled against the 1st amendment doesn't nullify it
     
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  2. Ralph_K

    Ralph_K Senior Member

    Jan 1, 2018
    Government does many things it has no authority to do. No matter how many time you read US constitution you will never find where it gives federal government any powers over health care. Hell constitution literally forbids government to make any laws over arms yet that hasn't stopped them one bit
     
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  3. Rossum

    Rossum Surly Curmudgeon Verified Member ECF Veteran

    Supporting member
    Dec 14, 2013
    NE FL
    The thing that many people claim gives corporations the same rights as people is the Citizens United decision, which was argued and decided by the SCOTUS early in Obama's first term.
     
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  4. Bill Godshall

    Bill Godshall Executive Director
    Smokefree Pennsylvania
    ECF Veteran

    Supporting member
    Apr 2, 2009
    Yes. Its called the Central Hudson test, named after a 1980 lawsuit.

    Central Hudson Gas & Electric Corp. v. Public Service Commission - Wikipedia
     
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  5. Ralph_K

    Ralph_K Senior Member

    Jan 1, 2018
    • Useful Useful x 1
  6. Gottahaveitjen

    Gottahaveitjen New Member

    Feb 12, 2018
    Michigan
  7. Gottahaveitjen

    Gottahaveitjen New Member

    Feb 12, 2018
    Michigan
    Can’t post because I’m a noob but official docs at moosejooce.com under more
     
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  8. WorksForMe

    WorksForMe Ultra Member Verified Member ECF Veteran

    Supporting member
    Sep 21, 2012
    N.N., Virginia
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  9. mcclintock

    mcclintock Ultra Member ECF Veteran

    Oct 28, 2014
    Seems like they'd have the best case on 1st amendment if someone actually got arrested, making the case specific, also preferably for an ad crafted for this purpose, rather than in general.

    Last ad with a "claim" I heard said vaping is less "gross" than smoking, I'd like to see the FDA say they can't say THAT.
     
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  10. MacTechVpr

    MacTechVpr Vaping Master Verified Member ECF Veteran

    Supporting member
    Aug 24, 2013
    Hollywood (Beach), FL
    You're right, the POTUS and Congress need to rescind those provisions of tobacco law that equate e-liquid and all vaping products to tobacco. The inferred unfounded equivalency between a combustible leaf and a steamed liquid is a .......ization of law as it is the duty of Congress to define with specificity, not to convey an ambiguous and discretionary extension of its own authority to agency.

    To further the offense Congress deferred from a lawful and necessary congressional review given the contentious context which would have exposed FDA's lack of compliance with the legislation. Why I have railed against this instrument loud and long. From CASAA, this update…

    Multiple Vape Shops File Against FDA | CASAA

    Nevertheless, "regulation" does not trump any constitutional right of the 1st or 10th, of free speech and proper beneficial commercial association which can be demonstrated…if we may be allowed to achieve it. Better to stifle the speech and commerce of a complacent populace with an impossible "rule". The "deeming" rules are totally bogus yet we have rushed in a variety of ways to validate their legitimacy rather than take on these fundamental issues. FDA has in turn abused of our cooperative instincts to butcher us as a thank you.

    Yes, there is a valid commercial speech argument, and commerce is expression. Ask an artist, or any creator. Knowledge is integral to everything we produce and through commerce its conveyance.

    But rather dazzle us with the brilliance of judicial analysis as to the rightfulness of bureaucratic process than to actually take on the law and the truth of these matters.

    Extract vaping from tobacco legislation and we're done.

    Good luck. :)
     
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  11. Letitia

    Letitia Nano Junkie ECF Veteran

    Supporting member
    Apr 2, 2017
    West Frankfort, IL
    Finally! I actually understood one of your posts.:lol:
     
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  12. MacTechVpr

    MacTechVpr Vaping Master Verified Member ECF Veteran

    Supporting member
    Aug 24, 2013
    Hollywood (Beach), FL
    Obviously you require longer sentences!

    Good luck. :)
     
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  13. Letitia

    Letitia Nano Junkie ECF Veteran

    Supporting member
    Apr 2, 2017
    West Frankfort, IL
    Well obviously.:rolleyes:
     
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  14. MacTechVpr

    MacTechVpr Vaping Master Verified Member ECF Veteran

    Supporting member
    Aug 24, 2013
    Hollywood (Beach), FL
    Oh dear Leti, we certainly live in interesting times.

    Good luck all, nice weekend. :)
     
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  15. WorksForMe

    WorksForMe Ultra Member Verified Member ECF Veteran

    Supporting member
    Sep 21, 2012
    N.N., Virginia
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