Consumers File Amicus Brief In Se Vs Fda Trial

[LaceyUnderall]

Lika posted this at VF and ECF:

On behalf of the Alliance of Electronic Smokers I would like to take this opportunity to announce the attached Amicus brief was filed yesterday by members of our community. The group name is nothing more than a name created by a group of consumers for the purpose of filing the brief - that's what ad hoc is. Our attorney filed on a pro bono basis and was procured by one of our own members.

Please understand that we would have loved to ask more people to join in our efforts but time was of the utmost importance. I realize many of you will have questions and we will do our best to answer them.

Some of the members that filed that are also members of this forum are:

Bonniegirl,

JustJulie

Tazcat

Lika

TheIllustratedMan

There are other members as well but they do not wish to be named at this time. Of any of the names mentioned above you can PM them for additional information and each has agreed to disclose their real names if requested.

While we had to move quickly to get this filed we wanted to give our community the opportunity to be heard. In that respect we hope to have represented the consumer as a whole.

*****

For those who are interested in reading the brief, which was originally in PDF form, we have transposed it on our blog and you can read it here: http://www.e-cig.org/2009/09/10/electronic-cigarette-smokers-weigh-in-on-fda-lawsuit/

There is a downloadable PDF available at the bottom so you can save it and spread!

Enjoy! It is freaking fabulous!

[Christopher]

Can you explain just exactly what this does? I won't be able to read the entire link until I'm at work.

[bzeisman]

"If FDA wishes to regulate e-cigarettes, it now has an avenue to do so—through the Family Smoking Prevention and Tobacco Control Act (“FSPTCA”), Public Law No: 111-31, H.R. 1256, 111th. Cong. (2009). FDA acknowledges that e-cigarettes would fit the statutory definition of a “tobacco product” under the FSPTCA."

until juice is made from vegetable grade nicotine and stops using tobacco as the source

"Our choice to use e-cigarettes over traditional cigarettes is instead influenced by social stigmas and inconveniences associated with traditional smoking. But practical concerns are also important: the e-cigarette leaves no tar stains on the roof of our cars or in our homes, and does not leave our skin, breath, or clothes smelling like an ashtray."

dont forget that now that im not smoking tobacco any more, my ability to taste food has come back to me. even crappy food tastes good.

"In contrast, it takes, on average, approximately eight years to obtain FDA approval of a drug, from the initiation of clinical trials through the FDA approval process. See Tufts Center for the Study of Drug Development, Outlook 2009, available at http://csdd.tufts.edu/InfoServices/OutlookPDFs/Outlook2009.pdf (last visited September 8, 2009). During this time, the unapproved drug cannot be marketed or sold.

nicotine is already an FDA approved drug, so the selling of juice really shouldnt be a problem

aside from all the latin and 'lawyer talk' in the document, i looks pretty straight forward. if yer looking for more backers, sign me up

[LaceyUnderall]

Can you explain just exactly what this does? I won't be able to read the entire link until I'm at work.

In a nutshell -

This submission by consumers stated that:

A. The FDA does not have the right to just make up whatever intended use they want - however, based on the new tobacco laws, the FDA does have the right to regulate the ecig as a tobacco product.

B. Cited the example of Ariva where a petition was sent to the FDA encouraging Ariva to be treated as an NRT and not a tobacco product and in 2003, the FDA said "Nope, sorry, based on the lack of any marketing claims that this cures, treats, or mitigates a disease, this is not an NRT but a tobacco product." There is legal precedence that the FDA has in fact, turned away a product from it's regulation before.

C. Consumers should have the right to chose an alternative to burning tobacco and they musn't be forced to quit.

D. Discounted every comment made by ASH in their brief as irrelevant, misleading or unfactual.

What does this do? It gives consumers the last word in this case and that word is that the ecig is NOT an NRT and should not be considered one.

Now... what happens from here is that the Judge decides if he is going to keep ASH's brief, the consumer brief, throw them both out, whatever.

Then the judge will decide and rule.

[Christopher]

I like it, thanks guys

And thank you Lacy for taking the time to always keep is up to date

[Compenstine]

Excellent read, I would also be interested in supporting your efforts in this.

[LaceyUnderall]

Excellent read, I would also be interested in supporting your efforts in this.

Compenstine -

I don't think the persons responsible for this participate here... however, if you are interested you are looking for Bonniegirl,

JustJulie

Tazcat

Lika

TheIllustratedMan

And they can be found at www.righttovape.com OR at www.e-cigarette-forum.com (Sorry Chris for putting links to other forums ).

If you PM any of them with your name, etc, they will respond.

Also... if you are interested in volunteering on a regular basis... I would certainly stop into Right to Vape http://www.righttovape.com/right-to-vape-activism/looking-for-some-warm-bodies-who-want-to-roll-up-their-sleeves-and-get-to-work!/ This link explains who and what they expect from their volunteers.

[Christopher]

In an effort to work together in order to help save the ecig I have no problem with outsourced links.

[Compenstine]

Compenstine -

I don't think the persons responsible for this participate here... however, if you are interested you are looking for Bonniegirl,

JustJulie

Tazcat

Lika

TheIllustratedMan

And they can be found at www.righttovape.com OR at www.e-cigarette-forum.com (Sorry Chris for putting links to other forums ).

If you PM any of them with your name, etc, they will respond.

Also... if you are interested in volunteering on a regular basis... I would certainly stop into Right to Vape http://www.righttovape.com/right-to-vape-activism/looking-for-some-warm-bodies-who-want-to-roll-up-their-sleeves-and-get-to-work!/ This link explains who and what they expect from their volunteers.

Thanks so much for the link Lacy I will be looking into this further.