Author: pbusardo
Vapor Technology Association Files Motion For Preliminary Injunction
VAPOR TECHNOLOGY ASSOCIATION FILES MOTION FOR PRELIMINARY INJUNCTION IN LAWSUIT AGAINST FDA TO DEMAND PMTA RULE AND APPROPRIATE SMALL BUSINESS DEADLINE
September 11, 2019
Contact: press@vaportechnology.org
WASHINGTON D.C. – September 10, 2019 – Today, the Vapor Technology Association (VTA) and Vapor Stockroom (VSR) announced that they filed their motion seeking a preliminary injunction in their lawsuit against the Food & Drug Administration (FDA). The VTA and VSR have requested, and FDA has agreed, to an expedited briefing schedule on the motion.
There are two primary goals to the motion and lawsuit: (1) demand that FDA publish the actual proposed Pre-Market Tobacco Application rule (“PMTA Rule”) that industry has been waiting on for 3 years; and (2) establish a deadline that allows companies, particularly small businesses, the chance to comply with the still unwritten PMTA Rule.
Last month, the VTA and VSR filed a federal lawsuit against FDA over the constantly changing PMTA deadline and process. The industry should never have had to file a lawsuit to demand that FDA engage in the legally required notice and comment period regarding the creation of a PMTA Rule, beforeimposing the deadline for compliance with the same rule.
The Motion explains through expert testimony that without an injunction, the vapor industry – an industry that is the size of the iron and steel forging and the commercial fishing industries in the U.S. – faces a near-complete shutdown in May of 2020. Scientific expert testimony also explains that there are at least ten reasons why companies cannot conduct and complete the myriad tests, research studies, and surveys that FDA is demanding within the arbitrarily selected ten-month deadline. A link to the preliminary injunction motion and supporting brief can be found here.
Maintaining a May 2020 deadline for filing PMTAs will result in the dangerous scenario that the FDA itself has said “should be avoided if at all possible.” “What makes this motion so compelling is that the FDA already has warned that ‘dramatically and precipitously’ removing vapor products from the market will lead to the ‘mass market exit’ of vapor products which, according to FDA, will lead to an increase in smoking, something that FDA testified is a public health outcome that ‘should be avoided if at all possible,’” explained Tony Abboud, Executive Director of the Vapor Technology Association.
“Our company, and our industry in general, has for the past three years been complying with every regulation and every deadline set by the FDA. As a result, FDA already knows the ingredients that are found in each and every one of our products. But, when FDA has failed to even publish the draft, much less final, PMTA regulation, and is imposing an impossible 10-month deadline for complying with that still unwritten rule, we had to ask the Court to intervene,” said Tony Florence, President of Vapor Stockroom.
Anyone advocating for the ‘mass market” removal of vapor products should heed the FDA’s own sworn testimony. The preliminary injunction motion, if granted, would prevent a mass exit of vapor products from the U.S. market, the closure of thousands of businesses nationwide, and the loss of tens of thousands of jobs. Even worse, the devastating threat of increased smoking if vapor products are removed from the market, is compounded by the very real dangers of the black market activity which public health experts have predicted would follow the removal of vapor products.
From Ronan
Hi. Just wanted to say thank you for designing amazing products along with Innokin. I was a smoker for over 19 years, smoking 20 plus per day. With the help of Innokin products I’ve been a non smoker for over 10 months to date, benefiting both me and my two little kids I love. Innokin products easy to use and the tanks are extremely user friendly, so thank you!
6 FROM BIG WILLIE’S LIQUIDS
A PBusardo E-Liquid Review – 6 From Big Willie’s Liquids
In this video we bring back the e-liquid reviews, not from the golf cart, but from the boat!
My apologies for the audio. We’ll get it worked out!
The links:
Fortune Vapor
Aspire
Eleaf
Innokin
Thank you to and please support the Premiere Taste Your Juice Sponsor…
The Video:
*NOTE: Any use of these videos in part or in their entirety without Phil Busardo’s expressed written consent is strictly prohibited.
LATEST FROM REGULATOR WATCH – FULL INTERVIEW | Obscuring Truth: Did CDC and FDA Fail the Public in Lung Scare?
Here’s the latest from Brent Stafford at Regulator Watch:
The past few weeks have been horrific for the approximately 400 victims (and families) poisoned by illicit TCH-vaping products—some fatally. It’s a real tragedy and certainly a public health emergency. But these are not the only victims; tens of millions of people who rely on traditional nicotine-vaping products as a lifeline to quit smoking (or to stay quit) now find access to these products threatened, or in the case of the state of Michigan, revoked, restricted, denied.
In this live edition of RegWatch Dr. Siegel evaluates FDA, CDC and non-profit health groups’ lack of clarity regarding the nature of the emergency; an emergency which should have first, and only, been described as a product tampering or tainted product crisis. Instead, health officials warned the public to stop using e-cigarettes; maligning traditional nicotine-vaping and obscuring the truth.
What caused these illnesses? And, why does it appear the CDC is doing everything in its power to protect the illicit THC-vape trade while deflecting blame onto the legal, retail vaping industry?
Only on RegWatch, by RegulatorWatch.com.
A REGULATOR WATCH LIVE EVENT – Obscuring Truth: Did CDC and FDA Fail the Public in Lung Scare? | RegWatch (Live)
Obscuring Truth | Did CDC and FDA Fail
the Public in Lung Scare? | RegWatch (Live)The past few weeks have been horrific for the approximately 400 victims (and families) poisoned by illicit TCH-vaping products—some fatally. It’s a real tragedy and certainly a public health emergency. But these are not the only victims; tens of millions of people who rely on traditional nicotine-vaping products as a lifeline to quit smoking (or to stay quit) now find access to these products threatened, or in the case of the state of Michigan, revoked, restricted, denied.
In this live edition of RegWatch Dr. Siegel evaluates FDA, CDC and non-profit health groups’ lack of clarity regarding the nature of the emergency; an emergency which should have first, and only, been described as a product tampering or tainted product crisis. Instead, health officials warned the public to stop using e-cigarettes; maligning traditional nicotine-vaping and obscuring the truth.
What caused these illnesses? And, why does it appear the CDC is doing everything in its power to protect the illicit THC-vape trade while deflecting blame onto the legal, retail vaping industry?
Set Reminder!
Live Stream: Monday September 9, 2019
Time: 8:00pm ET / 7:00pm CT / 5:00pm PT
ATTENTION MANUFACTURERS & DISTROS! HELP WANTED! YOU CAN MAKE A DIFFERENCE!
ATTENTION MANUFACTURES & DISTROS!
Do you have liquid sitting that hasn’t moved and want to do a good deed this year?
We are collecting e-liquid to be distributed to addiction counseling centers in California via a program designed to offer vaping as a cigarette alternative to those being admitted for addiction issues.
We truly believe in this work and would hope you would want to help us out.
Fr Jack Kearney is leading this effort and if you want to know more about the program please watch the last episode of the Smoker’s Show where we discuss this in detail.
Innokin is providing starter kits.
You can help out HERE: https://www.helpasmokerinrecovery.org/
Please include your email and an estimated value of your products so that we can include it in your letter for the IRS. The project is under the auspices of the Family Intervention Center & Services (FICS), a 501-c-3 non profit charity.
Spread the word & make a difference. Any amount or nicotine strength is welcome, although higher nicotine levels are preferred.
Thank you in advance!
From Karen
Hi Phil,
Just wanted to say thank you for the Innokin Adept kit. It’s a real treat to use! The simplicity of the design is perfect for when I’m going out and want to take along a no-fuss, durable device that nevertheless does not sacrifice performance.
Please give my thanks to Dimitris also. You both did a great job with the design of this mod and tank, and it is something I’ll enjoy using for years to come.
Many Thanks,
Karen
LATEST FROM REGULATOR WATCH – Vaping 95% Safer? | Public Health England | Snippet
Here’s the latest from Brent Stafford at Regulator Watch:
Weeks prior to the first cases of vaping-related lung illness hitting the news, RegWatch conducted an exclusive interview with Martin Dockrell the Tobacco Programme Lead at Public Health England.
PHE is the UK’s top health protection agency and employs 5,000 staff who are mostly scientists, researchers, and public health professionals. Public Health England is a beacon of sound science and for the past 5-years has a been a strong advocate for the use of e-cigarettes as a tool to stop smoking.While the recent deaths and illnesses associated with vaping are tragic, the confounding of traditional nicotine-vaping with illicit black-market THC-vaping could have even more dire consequences.
In this snippet of our exclusive interview with Public Health England, hear Dockrell discuss how vaping is 95% less harmful than smoking and learn the science behind this determination.
Only on RegWatch, by RegulatorWatch.com.
Produced by: Brent Stafford
Released: September 7, 2019
VTA Responds to CDC & FDA Statements
VTA RESPONDS TO CDC & FDA STATEMENTS
September 6, 2019
“VTA has previously said public health departments should fully investigate and release all information about these cases. Either there’s a legitimate basis to tell people to stop using e-cigarettes or they are feeding the hysteria around a different product to conflate the issues by failing to distinguish e-cigarettes. The Vapor Technology Association applauds FDA’s statement clearly advising consumers to avoid THC-containing vapor products. Even former FDA Commissioner Scott Gottlieb, no friend to the vapor industry, has assigned blame to illegal vapor products containing THC and cannabis. By contrast, CDC’s fear mongering statement is misguided and will only cause further harm to overall public health.” – Tony Abboud, Executive Director of the Vapor Technology Association.
Just yesterday New York’s own DOH said these cases were clearly marijuana related. We issued a statement to that point: https://bit.ly/2k5cDht
Additionally, we’ve previously called on public health departments to release this information: https://bit.ly/2lXUcvH
VTA strongly encourages all media outlets to promote the clear statement made by the FDA which fully understands the dangers posed by illicit products and the THC products at issue. VTA also reminds the media that nicotine-containing vapor products already are heavily regulated by the FDA.
VSTICKING INTERVIEW FROM ECC ONTARIO CALIFORNIA 2019
A PBusardo Video – ECC Ontario California 2019 – VSticking Interview
In this video we interview VSticking at ECC Ontario California 2019 on their new VKsma. A mod that automatically pumps e-liquid into the atomizer.
This is the third time we are hearing about or seeing a similar mod. The others are the SX Mini SX Auto, and the Pioneer4You IPV V3-Mini… all of which are under the YiHi umbrella.
Interview was done for The Smoker’s Show and originally aired in that show on Tuesday September 3rd.
The links:
VSticking
Thank you to and please support the Premiere Taste Your Juice Sponsor…
The Video:
*NOTE: Any use of these videos in part or in their entirety without Phil Busardo’s expressed written consent is strictly prohibited.