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FDA has No Authority over Electronic Cigarettes as a Drug Device says Judge Leon

In a 32 page ruling released today for the Smoking Everywhere vs FDA lawsuit, US Federal Judge Richard Leon has said the FDA has no jurisdiction over electronic cigarettes, at least in so far as regulating them as drug delivery devices. The FDA's efforts to regulate ecigarettes as a drug has taken a severe blow and ecig makers, sellers and users around the globe are rejoicing.

In his ruling Judge Leon had scathing words for the FDA:

This case appears to be yet another example of FDA's aggressive efforts to regulate recreational tobacco products as drugs or devices, Unfortunately it's tenacious drive to maximize its regulatory power has resulted in its advocacy of an interpretation of the relevant law that I find, at first blush, to be unreasonable and unacceptable."

Ray Story, CEO of Smoking Everywhere said ""big big big victory for us." and ecigarette forums around the Internet lit up tonight with rejoicing and celebration at the good news.

What effect with this ruling have as the electronic cigarette industry faces challenges from attorney generals from California and other states as well as stiff opposition from anti smoking groups has yet to be seen.


Njoy announces discontinuation of flavors and other steps to protect young people

Today Njoy, a leading electronic cigarette manufacturer announced they will be discontinuing the sale of any flavored nicotine cartridges except tobacco and menthol in the US market to bring their offerings in line with the requirements of traditional cigarettes by the Family Smoking Prevention and Tobacco Control Act. They anticipate the new flavor policy to be in full force by spring 2010. 

Jack Leadbeater, CEO of Njoy said "Electronic cigarettes represent a smoking alternative for adult committed smokers. We have no interest in marketing or selling our products to underage smokers and have taken numerous steps over the years to prevent youth access to our products. We hope other members of our industry will act responsibly and either follow our lead or innovate even better methods to ensure proper product use.”

The company further outlined the steps they have already taken to discourage the underage use of Electronic Cigarettes, including:


Smoke 51 aquired by Miller Diversified Corp

It's final. Smoke 51, AKA Smoke Anywhere Inc has been wholly aquired by the Miller Diversified Corporation in a reverse merger deal. Having just been aquired themselves in May by the Belmont Partners LLC, this one time cattle feed lot company became a shell corporation in 2003 and now is in the electronic cigarette biz!! Diversified is not just a name for them, it is indeed a way of business.

"We are very excited to have completed this acquisition before the holiday shopping season; the company's rapid growth and exciting mix of brands is something we look forward to building upon." - Kevin Frija, CEO of Miller Diversified Corporation.

And it seems they are serious. No more cattle feed or mergers for them, E-cigs are their new primary business according to the 8-K they filed with the SEC on Nov 13.

Pursuant to the Merger Smoke and Vapeco Holdings, Inc. a Florida corporation, and a wholly owned subsidiary of Miller Diversified, formed specifically for the purpose of effecting this transaction, merged with Smoke Anywhere USA and as a result of the merger Smoke Anywhere, the surviving entity became a wholly owned subsidiary of Miller and is our sole operating business.


Green Smoke Announces the New E-Hookah

This weekend Green Smoke announced their latest product, the E-Hookah, is now available for purchase.

An electronic version of the traditional Hookah pipe, the E-Hookah from Green Smoke™ features two hoses, a high quality, long lasting "laptop quality" battery and an attractive green design. The E-Hookah will begin shipping on December 1st 2009, but pre-orders are being accepted now at a special price of $299 while the final price will be $350.

The Green Smoke E-Hookah page describes it as:

Our new, patented e-hookah is the perfect way to share the satisfaction of Green Smoking with others. Use it at parties and social events or just a quiet evening with the one you love.

 

You can learn more or buy the E-hooka at GreenSmoke.com


News e-Cig Blog Posts

Goucher College Survey Says a Lot About Perceptions of Ecigs

Goucher College in Baltimore Maryland recently took a survey of faculty, staff and students to decide if electronic cigarettes should be included in their smoking ban. What the survey said tells a lot about the public perception of ecigs and vapers.

First off, I commend Goucher’s President Sanford J. Ungar for doing the survey rather than just taking it upon himself to ban ecigs. That shows good leadership and a true community spirit in the college. Democracy in action!

The survey received good response as well. 470 respondents broke down into 64 faculty, 97 staff and 309 students. The question they were asked was "Should the use of e-cigarettes be covered by the college smoking policy?" 

160 responded NO (12 Faculty, 23 staff, 125 students)  and 310 responded YES (52 Faculty, 74 Staff, 184 students), resulting in ecigarettes being included in their smoking policy. The really great thing about this survey though is that they actually published the comments people made and for me, that's very valuable insight into what people are thinking about ecigs.


Njoy stops selling flavors, anti smoking groups chalk up another victory

Njoy announced today they will no longer carry flavors in the US market, save for tobacco and menthol. Why? Because that's what the law requires for regular cigarettes and they are trying to cut the feet out from under the insane argument that "Electronic Cigarettes are marketed to kids".

While I understand their reasoning, it infuriates me to see Njoy and the others forced to cave. Politically it's probably a good move. Anti smoking activists have convinced people that if something tastes good, it must be for kids. But I disagree and I grow tired of seeing this argument not only repeated but successful time and time again.

Chalk up another victory for drug company funded activist anti smoking groups. They are proving the old adage "if you just keep repeating it, it becomes the truth."

Why is this agrument making sense to people? An ecigarette that costs $100 is for kids because it comes in flavors?

Njoy said:

Though electronic cigarettes have a price point generally considered beyond the reach of most youth and there is not widespread evidence of the products being used by underage smokers, a number of pertinent issues have been raised regarding underage persons, such as the appeal of various flavors.


ABC15 and John Wickwire Catch Another Mall Kiosk Selling E-cigs to Children

A few weeks ago I reported on an undercover sting operation conducted by KSHB-TV in Kansas City, (an NBC affiliate) where they caught a couple of e-cig retailers letting kids try them at the mall. Now there is a new story in Arizona, from TV ABC15.

And guess what? It's the same guy from Kansas. Same quotes, same everything. It's the same exact story almost down to the letter.

From the original story in Kansas:


Are e-cigarettes really safer? My Response to the Monitor.

The Monitor recently published an article titled "Are e-cigarettes really safer?" and while I do have to say they are one of the few i've seen recently who tried to get both sides of the story, I did have a few comments to share about some of the quotes. I thought I'd post them here as well.

Over all it is a good article, they actually talk to some e-cig supporters and manufacturers, something the main stream media doesn't seem to see the need to do. But, of course, the anti smoking groups have their talking points well rehearsed and a few statements made it into the article which, in my opinion, were not fully accurate.

Here are my thoughts:


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