One of the most interesting comments from the presentations at the SFATA conference came from
Ralph Tyler of law firm Venable.
He said: "don't expect the FDA or any government organisation to understand what they are regulating. It is your job to educate them"
There were chuckles from the audience to which he replied: "That's not meant to be a joke. I'm serious."
As someone who has read the appellate arguments of the FDA asking stop all importation of E-Cigs, and vacate the Judges ruling and injunctions against the FDA....I recognize Ralph Tyler as the Chief Counsel of the FDA, whom is responsible for putting forward the appeal.
Tyler Argued:
The Harm Caused By The Importation Of Electronic Cigarettes Is Immediate, Irreparable, And Contrary To The Public Interest http://casaa.org/uploads/FDA_Appeals_Brief.pdf
Tyler chose to proceed with the appeal, and lost BIG. At SFATA he claimed that the 2009 Act was written only for combustibles, and told people to write the FDA with that information. Anyone familiar with the 2009 knows that is manifestly false.
Tyler put his arguments against E-Cigs forward, lost, was wrong on the law according to the appeal, was fast-tracked out of the FDA quickly, and now is misreading the law and advising incorrectly that on the intent and breadth of the 2009 act.
Tyler then topped it off with his next point that a teenager could some day make nicotine out of an existing chair. Fun and games stuff, comic relief.
Speculation of what motivates these new statements as a Pro E-Cig attorney after being the lead of the opposition by lodging the appeal of Sottera, is unknown, he would have to explain.
But one thing is clear, none of the explanations of how all this come to be, start or end with, Ralph Tyler as having a good track record, or evidencing a strong skill-set.
When the Former Chief Counsel of the FDA who attempted to re-instated the import restriction on E-Cigs of 2009, starts incorrectly telling people that 2009 Act is only for Combustibles......something is Wrong