Is there an attorney in the house?
I am not a vendor. I am a customer who uses electronic cigarettes products and feel that I would be grievously harmed if the defendant (FDA) were to win the case currently in progress.
As they have become widely available and in use by over a million customers many of us have experienced significant improvement in our health by using the products. We attribute this not directly to the product itself, but rather to the product's unexpected ability to allow us to decrease, or in many cases, eliminate all our tobacco cigarette smoking.
The fact that this product has that effect does not magically turn it into a medical device. Some people chew on toothpicks as a way to refrain from smoking tobacco. That does not turn toothpicks into a medical device.
According to the American Cancer Society's "Guide to Quitting Smoking" (ACS :: Guide to Quitting Smoking)
My position is that the FDA has no jurisdiction over electronic cigarettes. E-cigarettes are not a medical device. They are a consumer product (even the Campaign for Tobacco Free Kids admits as much. FDA Acts to Protect Public Health from Electronic Cigarettes (Campaign for Tobacco-Free Kids)
[FONT=times new roman, times, serif][FONT=times new roman, times, serif][FONT=times new roman, times, serif][FONT=times new roman, times, serif][FONT=times new roman, times, serif]
Unfortunately, what the CTFK does not understand is that the vast majority of consumer products have no requirement for approval BEFORE they are sold to consumers.
The proper regulating body in this case would be the Consumer Product Safety Commission. Find CPSC Product Safety Standards or Guidance
I also suggest that the ECA take its voluntary guidelines and submit those immediately to the CPSC.
When we, the users, have a problem with a particular electronic cigarette product that involves safety, we always have the recourse of bringing the problem to the attention of the CPSC to take recall action, if required.
Now, how about it? Could the Electronic Cigarette Association create a special type of membership for users and allow us to band together to join this legal action? And is there an attorney willing to represent us collectively?
I am not a vendor. I am a customer who uses electronic cigarettes products and feel that I would be grievously harmed if the defendant (FDA) were to win the case currently in progress.
As they have become widely available and in use by over a million customers many of us have experienced significant improvement in our health by using the products. We attribute this not directly to the product itself, but rather to the product's unexpected ability to allow us to decrease, or in many cases, eliminate all our tobacco cigarette smoking.
The fact that this product has that effect does not magically turn it into a medical device. Some people chew on toothpicks as a way to refrain from smoking tobacco. That does not turn toothpicks into a medical device.
According to the American Cancer Society's "Guide to Quitting Smoking" (ACS :: Guide to Quitting Smoking)
My position is that the FDA has no jurisdiction over electronic cigarettes. E-cigarettes are not a medical device. They are a consumer product (even the Campaign for Tobacco Free Kids admits as much. FDA Acts to Protect Public Health from Electronic Cigarettes (Campaign for Tobacco-Free Kids)
[FONT=times new roman, times, serif][FONT=times new roman, times, serif][FONT=times new roman, times, serif][FONT=times new roman, times, serif][FONT=times new roman, times, serif]
Unfortunately, what the CTFK does not understand is that the vast majority of consumer products have no requirement for approval BEFORE they are sold to consumers.
The proper regulating body in this case would be the Consumer Product Safety Commission. Find CPSC Product Safety Standards or Guidance
I also suggest that the ECA take its voluntary guidelines and submit those immediately to the CPSC.
When we, the users, have a problem with a particular electronic cigarette product that involves safety, we always have the recourse of bringing the problem to the attention of the CPSC to take recall action, if required.
Now, how about it? Could the Electronic Cigarette Association create a special type of membership for users and allow us to band together to join this legal action? And is there an attorney willing to represent us collectively?
Last edited:
