"When did they change the law?" - legal grounds for vaping bans? good read!

[Anjaffm]

"When did they change the law?"
Geoff Cliff guest post on Vapingpoint

- what exactly are the legal grounds for vaping bans? Actually, they do not hold water.
Good read!

vapingpoint: Brilliant guest post from Geoff Cliff - do share."When did they change the Law?"

Let us go back to a basic principle of law, “innocent until proven guilty”. Simple, yes? It is not for the accused to prove himself innocent, but for the accuser to prove him guilty. If guilt has not been proved then the defendant cannot be punished. How does that work with electronic cigarettes? Let us see.

.. read on

 

[Skunkworkx]

Thanks.... great link.

 

[Baldr]

That's a very, very good article.

/very

 

[thebanik]

Wow, that is a brilliant article......

 

[RosaJ]

Thank you Anja for sharing this. It's like reading a good book right before bedtime. It's gratifying to know that there are people around that still have that rare commodity, common sense. Simply stated and concise.

 

[catlady60]

I don't think the proposed FDA tobacco regs which would expand the definition of tobacco products to include e-cigs would hold up in court (unless the judge took bribes), especially since the regulators can't positively prove e-cigs are harmful to public health. Even at that, it would take an act of Congress to change the law, not an unelected member of the executive branch. Regulators are not constitutionally permitted to rewrite the law that would amount to a ban based on mere suspicion. That's one reason the 2009 FDA reg to define e-liquid as a drug and the gear as delivery devices was struck down in court.

 

[sonicdsl]

They already did: they put all tobacco products under the FDA jurisdiction. This is what the deeming regulations proposal is all about, deeming ecigs to be tobacco products under their purview. See the FDA Forum for all you need to know about the regulations, and what you can do to help, as well as this Call to Action from CASAA.

FDA Regulations

CASAA: First Call to Action for FDA Proposed Regulations - Consumer Request for an Extension of Comment Period