What about the WTO?

[The Mosh]

Hey guys,

You know, something strikes me about this whole business with banning electronic cigarettes, or posing restrictive laws of any kind on them. Doesn't matter where we're talking about. All civilized countries are bound by treaty to accept the decision of the World Trade Organization. Say what you will about the WTO, the fact remains that their only real interest is trade, and their member nations making money though trade.

As of now, Chinese exporters have what I would consider to be a reasonable complaint against the FDA and health organizations like it that decide to restrict the import of these very profitable products.

Historically, the WTO has stepped in and altered American policy on issues ranging from Envirenmental legislation, to the way we handle intellectual property.

Fact of the matter is that while American suppliers of electronic cigarettes are suffering, our poor friends in China who make these miraculous devices are losing even more. American suppliers and potential American suppliers are scared and losing money.

The amount that Chinese OEM's are losing as a result of this could potentially be in the lower to mid BILLIONS! And that's just the wholesale cost, folks. They're also suffering because of what amounts to an FDA smear campaign against a product that's never been proven to be dangerous. That affects consumer interest, which affects suppliers, which affect Original Equipment Manufacturers DIRECTLY! So why haven't the Chinese OEM's filed a complaint with the World Trade Organization? They clearly have a reasonable claim.

Anybody know?

 

[Quitter man]

Yep I could not agree more ..!! WTO is is a treaty represents the supreme law of the land and we cannot jump ship just because we are not the one who invented ecig and will not be making all the profit!! or because of bogus claims that it might have adverse health effects without proving scientifically and conclusively that it does have adverse health effect...some of those Chinese need to hire a fat lawyer and sue the FDA for all they got!!

 

[ChipCurtis]

Fact of the matter is that while American suppliers of electronic cigarettes are suffering, our poor friends in China who make these miraculous devices are losing even more. American suppliers and potential American suppliers are scared and losing money.

While I am totally on the side of US e-cig distributors (and worldwide distributors for that matter), I have to say that your logic in the above paragraph (with regard to US suppliers) is simply a matter of perspective, not law.

The e-cig industry is a new, fledgling industry whose future regulation regimen is still being hammered out. Those "early adopters" on the cutting edge of distribution and marketing are inhabiting a legal-battleground stalemate at this point in time.

When you say US suppliers are "losing money" you are making the assumption that those people already have an automatic "grandfathered-in" privilege in this fledgling industry. That's the catch: As the saying goes, "You can't lose what you never had". The FDA and the anti's will hammer that point right into the ground.