Fda Loses Woot Woot

[Jeffb]

http://www.businessweek.com/news/2010-12-07/fda-loses-appeal-can-t-regulate-e-cigarettes-as-drug.html

***Founder Edit***

I've attached the court dockets to this thread. Enjoy. - Chris

clerk's order ct app dec 7.pdf

ct app judgement on injunction.pdf

ct app opinion on injunction.pdf

clerk\'s order ct app dec 7.pdf

ct app judgement on injunction.pdf

ct app opinion on injunction.pdf

[Phaseman66]

http://www.businessweek.com/news/2010-12-07/fda-loses-appeal-can-t-regulate-e-cigarettes-as-drug.html

Tell the fiends to UNHAND Christopher's shipments! VICTORY!

[Jeffb]

By Don Jeffrey

(Updates with FDA, company comments starting in fourth paragraph.)

Dec. 7 (Bloomberg) -- The U.S. Food and Drug Administration lacks the authority to regulate electronic cigarettes under the drug/device provisions of the Food, Drug and Cosmetic Act, an appeals court ruled, upholding a lower-court decision.

The U.S. Court of Appeals in Washington said today the FDA has the authority only to regulate e-cigarettes as a tobacco product.

The case was brought by e-cigarette companies including Sottera Inc., which argued that their products, battery-powered devices that produce a nicotine vapor instead of tobacco smoke, are tobacco products and not drugs.

“We are studying the opinion and considering next steps,” Jeffrey Ventura, a spokesman for the FDA, said in an e-mailed statement.

Sottera, which does business as NJoy, and other e-cigarette manufacturers market their products as alternatives to tobacco for smokers. Sottera argued that the products aren’t marketed for therapeutic use but for “smoking pleasure.”

“We’re thrilled,” Craig Weiss, the president of Scottsdale, Arizona-based NJoy, said in a telephone interview. “NJoy has taken many steps to be the industry leader in terms of responsible marketing of electronic cigarettes. Now we can continue to sell e-cigarettes under the regulations of the Tobacco Act.”

The case is Sottera Inc. v. Food & Drug Administration, 10-5032, U.S. Court of Appeals, District of Columbia Circuit (Washington). The lower-court case was Smoking Everywhere Inc. v. U.S. Food and Drug Administration, 1:09-cv-00771, U.S. District Court, District of Columbia (Washington).

--Editors: Andrew Dunn, Glenn Holdcraft.

[noXious]

Score one for us but they still have some fight in them: "“We are studying the opinion and considering next steps,” Jeffrey Ventura, a spokesman for the FDA, said in an e-mailed statement."

[VegasVapor]

Wow this is big news! Should we be celebrating just yet though?

[Jeffb]

Wow this is big news! Should we be celebrating just yet though?

What a buzzkill

[VegasVapor]

What a buzzkill

I wasn't trying to be a buzzkill. I was asking if it means we can celebrate. I never know with these things, they always seem to come back with something somehow. lol

[noXious]

I say .. bust out your Midnight, Buttered Rum, Whiskey and other "cocktail" vapes.

Let's P-A-R-T-Y-!-!-!

and [FDA] for good measure!

[VegasVapor]

Yay!!

[Uma]

:::doin the happy dance as I head back across the river for another long stint::::

[lightbringer]

I wasn't trying to be a buzzkill. I was asking if it means we can celebrate. I never know with these things, they always seem to come back with something somehow. lol

I love the back and forth...you guys could be a sitcom. I agree though...I wanna celebrate but as sure as I do we will get the next wave of bad news. Oh whatever...I'm celebratin'

[LoriHNC]

Well, isn't this a great Christmas gift!! What good news this is. A step in the right direction for sure. Unusual I must say, when dealing with the FDA. But YEEEHAWWW!

[Christopher]

So I woke up to an email from Jeff today, this is fantastic news! I don't think we've won the war but we have definitely won another battle.

This is great news!!!

You know what really got my blood boiling though?

The FDA is “studying the opinion and considering next steps,” Jeffrey Ventura, a spokesman for the agency, said

Can you believe the nerve!? Wow. It was a ruling not an opinion! Amazing. Also FDA, please release my shipments and move along!

[nana]

Well, it is good news and I'll take all the good news I can get. The more battles they lose, the better for us.

[Christopher]

For those interesting I've attached the court dockets to this thread. Enjoy

[Gweetus]

Woo Hoo! This is definitely a step in the right direction! Every loss of this nature for the FDA in court sets precedent and lessens their credibility.

[BirdDog]

Wonderful news!

[Michelle]

[miatafrank]

Ironic that this should come down on December 7th, which since 1941 was marked as a day remembered in infamy. This time the american people get to be happy winners, instead of blown up survivors.

[KaYoTiiC]

FDA Edited December 7, 2010 by KaYoTiiC

[Tim]

Woooooot!!!!!!!!!

[Christopher]

Ironic that this should come down on December 7th, which since 1941 was marked as a day remembered in infamy. This time the american people get to be happy winners, instead of blown up survivors.

Amen to that

[HawtAngel]

Great news!Here's hoping Canada Health is forced to back off also.

[Brian]

Great news!

[GrimmGreen]

Good news for sure, well done everybody, keep fighting the good fight