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Appeals Court May Sidestep E-Cig Key Issue - Argument Thurs


Christopher

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Hi, I read the article...twice. I'm not sure what it actually means? Is tomorrow a separate issue from the case to be heard next Tuesday? Is it a continuation of the process in establishing jurisdiction of regulation by the FDA to decide if pv's are a tobacco product or drug delivery device? Does it really matter if this case gets dismissed or denied? Idk...

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Judging from the FDA's recent actions, it appears as if the FDA is not real concerned with this case. :(

If I am completely honest with myself and remove my bias as a vaper, I cant see how an e-cig can NOT be considered a drug delivery device. I sure want it classified as a tobacco product as that furthers my personal desire. The drug nicotine is derived from tobacco but it is a drug and the e-cig is used to deliver that drug. I think it is difficult to argue that and e-cig is a delivery device.

If I were the FDA, I wouldn't be too concerned with the case either.

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My coffee maker is a drug delivery device. :lol:

There lies the problem with the drug delivery device argument and it depends on how far you want to take it. The bottom line is it will cost serious money to fight the FDA.

The real problem as I see it was this ..

However, Congress subsequently passed the Family Smoking Prevention and Tobacco Control Act which gave the FDA authority to regulate tobacco products. Thus, all parties now agree that the FDA has the authority to regulate e-cigs; the only legal issue is under what category they fall. As drug-device combination devices they must meet difficult regulatory hurtles, while as "tobacco products" they would be less strictly regulated.

Basically they gave a next to useless agency even more power to be even more useless.

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There lies the problem with the drug delivery device argument and it depends on how far you want to take it. The bottom line is it will cost serious money to fight the FDA.

The real problem as I see it was this ..

Basically they gave a next to useless agency even more power to be even more useless.

Agreed!! word up on that. :thumbsup:

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