Legal Status Update – 3/20/2010

   Posted by: bigBlog   in Air

Bad news followed the ides of March. On March 31st the FDA was able to buy a judge who allowed the FDA to re-invoke its ban on importing electronic cigarettes. As a result, several shipments have ‘gone missing’ in April from seizures by the FDA. The number and size of seizures won’t be known until after the end of April.

This excerpt from the ruling summarizes the good news (Sept. trial) with the bad (seizures resume) –

FURTHER ORDERED that the motion for stay be granted. Appellants have
satisfied the stringent standards required for a stay pending appeal. See Washington
Metropolitan Area Transit Commission v. Holiday Tours, Inc., 559 F.2d 841, 843 (D.C.
Cir. 1977); D.C. Circuit Handbook of Practice and Internal Procedures 32-33 (2009).

It is
FURTHER ORDERED, on the court’s own motion, that consideration of this
appeal be expedited. The Clerk is directed to enter a briefing schedule and to calendar
this case for oral argument on the first appropriate date in September 2010.

From some of the blogs it appears that smaller shipments are getting through, though there is some discussion of initiating alternate routing of products through other countries. In other words, forcing consumers looking for a healthy choice to become smugglers. “We’re from the government. We’re here to help …”

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