Judge Rules FDA Overstepping Bounds RE: E-Cigarettes

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Jul 28, 2008
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Source: Washington Post

A federal judge ruled Thursday that the Food and Drug Administration may not block the importation of "electronic cigarettes," battery-powered versions of conventional smokes.

Two e-cigarette suppliers, Florida-based Smoking Everywhere and Arizona-based Sottera, sued the FDA over its decision to block and confiscate their products.

Regulators consider e-cigarettes, which deliver nicotine without tobacco or combustion, to be unapproved drug devices and has told makers that they must first get federal approval for them.

The FDA believes that electronic cigarettes are a "drug-device combination," not a tobacco product, and are subject to stricter regulations than cigarettes or cigars. For at least a year, the FDA has confiscated e-cigarettes when they reach U.S. ports.

In granting a temporary injunction blocking the FDA from confiscating or preventing the importation of e-cigarettes, U.S. District Judge Richard J. Leon ruled that the devices are essentially a modern-day tobacco product. He found that the FDA had overstepped its authority in trying to block their importation.

"This case appears to be yet another example of FDA's aggressive efforts to regulate recreational tobacco products as drugs or devices," Leon wrote. "Unfortunately, its tenacious drive to maximize its regulatory power has resulted in its advocacy of an interpretation of the relevant law that I find, at first blush, to be unreasonable and unacceptable."
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The FDA overstepping it's bounds?!?!? GASP. Next thing you're going to try and tell me is that the EPA does too, largely based on fabricated information.
 
Fuck Yeah! That's awesome news!!!

"This case appears to be yet another example of FDA's aggressive efforts to regulate recreational tobacco products as drugs or devices," Leon wrote. "Unfortunately, its tenacious drive to maximize its regulatory power has resulted in its advocacy of an interpretation of the relevant law that I find, at first blush, to be unreasonable and unacceptable."

Bunch of cocksuckers trying to stop the sale of a safe product that can save millions of lives.
 
This is kind of good and bad:

We need them classified as a modern day tobacco product despite the fact they don't burn tobacco to keep the FDA off our backs.

The community wants them classified as a personal vaporizer or nicotine inhalation device so we can get around any kind of tobacco regulations or bans.

Damned if we do, damned if we don't.
 
I remember hearing about this lawsuit back in spring, i'm happy with the result.

Rage9 said:
We need them classified as a modern day tobacco product despite the fact they don't burn tobacco to keep the FDA off our backs.

The community wants them classified as a personal vaporizer or nicotine inhalation device so we can get around any kind of tobacco regulations or bans.
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So it would be better for it to be classified as a tobacco product? Wouldn't that make it more susceptible to the FDA's power? Nicotine is not currently a scheduled drug so it would no longer be a "drug-device combination" if it was just a personal vaporizer. I don't care either way as long as the FDA and DEA stay the fuck out of the ecig business. I have a feeling this isn't over though.
 
eVandals said:
I remember hearing about this lawsuit back in spring, i'm happy with the result.



So it would be better for it to be classified as a tobacco product? Wouldn't that make it more susceptible to the FDA's power? Nicotine is not currently a scheduled drug so it would no longer be a "drug-device combination" if it was just a personal vaporizer. I don't care either way as long as the FDA and DEA stay the fuck out of the ecig business. I have a feeling this isn't over though.
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As of right now I guess if it gets the FDA off the backs of us the users (yes I do use an "ecig" myself) then we have to take what we can get. However I can see it being misconstrued during cigarette bans.

You think lawmakers would really understand the difference between a analog cigarette that burns tobacco and a nicotine inhaling device with the classification of a tobacco product? It's already happening in some states.
 
iPwnNoobs said:
HEH i wouldn't go THAT far :338:
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Well... it is somewhat of an over-enthusiastic response, I'll admit. But it's not unwarranted. Look, until 6 months ago I was a 2-pack a day smoker. Smoking for 15 years. I could not quit.

Tried going cold turkey, nicotine gum, patch, Chantix, etc... The only thing that's kept me off the butts is the eCig. I swear by it and so does everyone in the ecig forums (whose stories are very similar to my own).

Of course (and to be honest) I don't really want to quit and that's most likely why I never could. But I don't want the heart disease, cancer, and all the other goodies that go hand in hand with smoking.

With the eButt, I can have the best of both worlds. Now, is it safe in the long run? We don't know yet. But one thing's for sure... it appears to be much safer than the known killer alternative: the cigarette. And I'll take my chances.

I can puff on my eCig before I hit the gym and go train like a champ - no huffing or puffing. Don't get winded any more when going up a few flights of stairs. Don't cough, don't stink up the house... the benefits are endless. Furthermore, most hardcore eSmokers fully agree with the above.

So, can it save millions of lives? I'm pretty sure it can (and will) provided it gets the right media attention.
 
I smoked for 17 years and then switched to e-cigs last August. After just 5 weeks on the e-cig I was able to give that up too. Loved the Red Bull 24mg nicotine.
 
If anyone cares to PM me a decently converting US ecig offer; I'll sign up for the network under your affil link if I'm not already a member. Already tried Smartsmoker, Smoke Assist and Luci.... they didn't convert well.
 
praxus said:
If anyone cares to PM me a decently converting US ecig offer; I'll sign up for the network under your affil link if I'm not already a member. Already tried Smartsmoker, Smoke Assist and Luci.... they didn't convert well.
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u try knightstiks yet? does well for me.
 
They granted an injunction - but it was at the US District Court level.

Next up: FDA appeals + a temporary lifting of the injunction request. Just wait for it...

The funny thing about the FDA is that most US Citizens are under the mistaken impression it's job is to protect them. Nothing could be further from the truth. It's promotion of milk as THE source for calcium and the history of the food pyramid are so wildly fucked up if you read them it's beyond belief.

I quit drinking milk when I got the bit about "the acceptable level of cow pus that can be in milk". BARF BARF BARF BARF
 
uggh im gonna have to resist the urge to research that because I usually drink 3-4 glasses of milk a day. And I <33 milk
 
I own www.totallywicked-eliquid.com www.totallywicked-eliquid.co.uk and www.theelectroniccigarette.co.uk , we stock the best and most comprehensive inventory of e.cigarettes and e.liquids on the net.

We started our affiliate programme a month or so ago, its still taking shape.. But this product is in demand and the more partners we get the better..Click the partners link at the top of any of the sites and sign up.

I discovered this site as alexa was showing a decent amount of hits coming through... Hopefully i have not posted in an inappropriate thread..
 
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