Why did Nicopure file so soon... and alone?

[KODIAK (TM)]

Seems like other companies will now just let Nicopure foot the bill, cross their fingers and stay in a holding pattern. I was hoping for a coalition of resources.

Then again, I just vaped $60 worth of Tribeca in like 30 minutes so maybe they can afford it.

 

[Lessifer]

I don't know, but isn't their legal counsel on the board of VTA, or something like that? I assume they have a plan, and I believe other companies may be able to join them, though that is just a random thought off the top of my head with no basis in anything that could be cited.

 

[Robino1]

Nicopure will not be the last. More are lining up to file once they have all their facts ready.

Several China companies are donating large sums to help.

By no means are all companies waiting to see what is going to happen with the Nicopure suit. They just happened to fire the first shot.

More are coming.

 

[Rickajho]

I don't see why it should be considered some kind of penalty point for being first to file and doing it quickly. An aggressive stance in legal proceedings isn't necessarily a bad thing.

 

[skoony]

Obviously nicopure was prepared.Being the first to file they are going to reap the rewards if they
win or, or suffer the consequences if they loose.

The thrill of victory.
The agony of defeat.


Regards
Mike

 

[Zipslack]

The question is, "Why haven't all of them done it by now?"

 

[WillyZee]

Nicopure was obviously prepared to move forward ... why wait for others who may not share your same interest.

 

[Rickajho]

The question is, "Why haven't all of them done it by now?"

Step 1: Read, analyze, legally research & interpret 500+ pages of regulations...

 

[Scottitude]

Typically, the first to file has a better chance of being appointed lead counsel if/when the suit evolves into a class action.

Very smart move on the part of Nicopure.

 

[skoony]

Step 1: Read, analyze, legally research & interpret 500+ pages of regulations...

The regulations as released are not so much different if at all compared to the proposed
deeming regulations. If i could nail what the final regs would be back then certainly
learned professionals would have been overly prepared and have multiple contingency
plans.
Regards
Mike

 

[sofarsogood]

On the pretext of protecting children our dear dear government proposes to treat us all like children. I vote no on that.

 

[Robino1]

There was a clue is in Nicopure's statement that I read somewhere but can't find it again

They had stated that they had studied what was required for New tobacco products. The FDA is following the playbook that they wrote for cigarettes and assigning the same book to ecigs. The final deeming regulations did not change much from what was proposed back in 2014 (? I do believe). All it would take is to look through them to see if there was anything that was noticeably different between the proposed regulations and the final deeming.

Also they have on board an attorney that knows the tobacco rules very well.

They were prepared. They just happened to be prepared first. Not that big of a deal. More will follow suit

 

[lynn508]

They deserve many kudos from us. Very few are prepared for what's coming in this country. An economic collapse will happen it's not a matter of if but when.

 

[rico942]

I found this line from the Nicopure complaint document interesting, the very last item above the signature ...

Award such further relief as this Court deems just and proper.

I assume that could mean damage compensation, as the release of the deeming regulations alone will have a measurable temporary negative impact on the vaping industry even if an injunction is rightfully granted ...

 

[Tufur]

I hope I haven't misread the lawsuit. I only see where they are questioning the hardware and software side of the deeming rule. I do not see where they are challenging the e-liquid rules. Of course, this could lead to us DIY'ers losing access to diluted 100mg/ml solutions at an affordable price. What is funny, is my TOP cigarette injecter was never deemed a tobacco product.

 

[bobwho77]

T

Obviously nicopure was prepared.Being the first to file they are going to reap the rewards if they
win or, or suffer the consequences if they loose.

The thrill of victory.
The agony of defeat.


Regards
Mike

Thanks for the blast from the television past

 

[KODIAK (TM)]

The question is, "Why haven't all of them done it by now?"

Well, that's my point. Why should others join when they can wait for Nicopure to do all the work for them first? Doesn't cost them a dime either.

I suppose there's a timing element to this as well. If nicopure's suit is put on the slow track then others may join in.

 

[bigdancehawk]

I found this line from the Nicopure complaint document interesting, the very last item above the signature ...



I assume that could mean damage compensation, as the release of the deeming regulations alone will have a measurable temporary negative impact on the vaping industry even if an injunction is rightfully granted ...

Don't read too much into that. Standard boilerplate in every complaint.

 

[Rickajho]

Typically, the first to file has a better chance of being appointed lead counsel if/when the suit evolves into a class action.

Very smart move on the part of Nicopure.

I know people love to throw up the idea of class action all the time for all sorts of things but we don't have any basis for a class action filing yet.

 

[FishingBuffalo]

In Private Ryan Tom Hanks had to send a few soldiers up against a machine gun. Nicopure may be such a soldier. I think we all wish them luck though. R2B Smoke Free is looking like the coalition to be.