First Lawsuit Filed Against the FDA by a Vapor Company

Let's see how far this gets...

Gonna venture a guess of about as far as the those with the political weight to make things like this stop or go want it to.

So, probably not that far. But this isn't saying much. It is a pretty safe bet to be morbidly pessimistic on the outcome of any event involving lawmakers, the United States of America and the possible prevention of hell being arrived at in a hand basket.

 

Even if the the claim is successful, it will be likely years before we know the outcome. Unless changes are made to the regulations themselves, law suits like this will not be settled until long after the vaping industry has ceased to exist.

 

Sadly, you may be correct, Lotta mate, but we mustn't fall prey to lethargy and pessimism--if we, the vapers, aren't prepared to fight for our rights, no other folks will, for sure--so, keep our chins up, and get back to taking on the Mofos.

 

If I understand this correctly, this new legal position by the FDA will make vaping products illegal in the United States (as it already is in Thailand). I am personally convinced that this is only about tax revenue lost from the sale of cigarettes. The government hasn't figured out how to collect tax from the sale of vaping products so they go this route and just ban it. I also suspect the big tobacco lobby has a hand in this as they view this as a threat to their sales.

This is not over. They may decide to prosecute users of vaping products. Wouldn't surprise me.

 

Yes, I'm quite amazed really at the stance taken by your FDA, and we UK/Euro citizens thought that the TPD was bad legislation, the FDA has really messed things up over there.

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I'm not one to shy away from a fight and I plan to do everything I can in this battle. But I don't want to piss on you and tell you it's raining either. This is still a winnable fight but it is going to take a lot of hard work, a lot of money and a little luck. An injunction on applying the regulations while the case is being heard is the key here. So far I haven't seen anyone going for that.

 

You can piss on the FDA, we'll all support that!! Haha. No, I know you're not going to take this lying down, any legal challenges are all better than none. This FDA crap is way worse than the TPD, so it must be crushed, somehow. The lobbyists on the payroll of the Tobacco and Pharmaceutical companies are going to push for all they can, but common sense must prevail, in the end, I hope.

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You know common sense doesn't pay the bills. Putting the FDA and common sense in the same sentence is an oxymoron within itself. I'm not naive, it has nothing to do with the good of the people or common sense, it's all about the Benjamins. This is the US we are talking about. Land of the free ... wait a minute.

 

Free..... Market?? Free... Trade??
Oh, the people, I get it.

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The FDA actually operates as an independent government agency and they have the power to make their own regulations without any other agency approval. It would take an act of Congress to reverse this. That is extremely unlikely under any Democratic President. Congress has enough problems they are not going to put this on the list without massive public pressure. If this goes through the courts we will all be dead before there is a resolution.

I live in Thailand for many years and I have no hope of seeing this change here in my lifetime. What we will likely see is them relax the enforcement over time (perhaps a year). I remember when they first put the seat belt law into effect for drivers and they were pulling over everyone. Months passed and they got tired of it and moved onto other things. They will probably get tired of this also after a few more months. They will still use it when it suits them.

In America it is different. They will probably enforce this until individual states decide to put the issue on the ballet. Then some states will be legal and some won't.

 

Agreed. I don't think the "Coalition" (supposedly backed by the main advocacy groups, American vape interests, and maybe the most important, Chinese manufacturers) has started their action at this point. With the money and interests behind this one, I think it will be the one to watch.

**Updated**

The R2B Smoke Free Coalition is picking up members fast. In addition to SEVIA, which will be the Chinese Manufacturers with Dimitris Agrafiotis and Phil Busardo in the key positions. The big names in the US are starting to get on board. Some of the notable names so far, Cosmic Fog, Vapor Shark, Mount Baker Vapor, Mountain Oak Vapor, Kilo, and Five Pawns. SEVIA so far has Aspire, Innokin, Kanger, and Smok. I'm sure more members will get on board with this group quickly. This is the group to keep your eye on.