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Smoking Everywhere vs. the FDA Daily and periodic updates of the SE vs. the FDA case as new information is released.

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  Docket Update January 22, 2010
Old 01-22-2010   #61 (permalink)
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Default Docket Update January 22, 2010

Again, no movement by the FDA on the Docket Sheet, so we await. Meanwhile, SE and NJOY enjoy this time to get as much product in the door as possible with the Preliminary Injunction in place.

As we have talked about, this does not do much for other Suppliers.


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Old 01-23-2010   #62 (permalink)
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I was just over at Awesome Vapor and poor Arno has no kits to sell as Customs is messing with him,it seems the only suppliers the temp.order affects are those named in the suit.
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Old 01-23-2010   #63 (permalink)
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Originally Posted by mcquinn View Post
I was just over at Awesome Vapor and poor Arno has no kits to sell as Customs is messing with him,it seems the only suppliers the temp.order affects are those named in the suit.

That is right Mcquinn--I believe SE and NJOY are the only Suppliers currently enjoying the sanctity of Judge Leon's ruling. Reports are coming in from all over the the FDA has stepped up it's embarko powers against everyone else.--Things may get real dry soon.



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Old 01-23-2010   #64 (permalink)
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then its time for a class action all supplier against the FDA
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Old 01-24-2010   #65 (permalink)
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then its time for a class action all supplier against the FDA
Mage;
Ya took the words right out of my mouth. I wonder if that would be an effective way to go for the suppliers.

If effective, I would think that now would be the time to do it. Looks like the FDA is acting like a little kid who lost at a game of hopscotch.
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Old 01-24-2010   #66 (permalink)
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The Problem with that is that it would be a very difficult suit to file and have a class action certified. Add to that that most Counsel will not take on a class action unless their is money for them to collect out of the case. In this type of case for injunctive relief, the Suppiers would have to fit the entire bill and most of them are simply to small to afford legal fees like this.

The better route would be to implead into this litigation.


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Old 01-24-2010   #67 (permalink)
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I am afraid if you put your business on a class action suit it would just make their job easier ,they would just watch for anything with your name on it and nab it.
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Old 01-24-2010   #68 (permalink)
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I would think that some of the business names is also a tell to the FDA and customs as to what may be in the shipment. Any business name that has smoke, vapor, cigarette or any variations of the likes would be more easily noticed.
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Old 01-24-2010   #69 (permalink)
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It really is a no win situation and I have heard from 14 Suppliers so far saying that they have had their orders seized by Customs since the Ruling, so this is really going to be a problem for the supply chain.


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Old 01-24-2010   #70 (permalink)
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I think I would place an order for a case of batteries and another for a case of atty's and just paqckage my own kits like some are starting to do.The kits and the instruction booklets are what has the statements on them that are causing the problem.
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