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Old 02-21-2011, 08:21 PM   #1
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Copied from and email I received from TTW.

Totally Wicked is going to court to demand the release of its electronic cigarettes, currently impounded in the United States. The company hopes to bar the FDA from exceeding its law making powers, which could threaten the company’s future in America.

The Food and Drug Administration (FDA) is a federal agency established to regulate the release of new foods and heath related products.

It is Totally Wicked’s belief that they are attempting to regulate their electronic cigarettes and accessories as drugs, devices, or drug-device combination products under the federal Food, Drug, and Cosmetics Act.

Acting on orders by the FDA, U.S Custom’s officers detained a shipment of electronic cigarettes and accessories being imported into the United States through Miami International Airport by Totally Wicked.

They claimed the products appeared to be “misbranded” and “unapproved new drugs”.

Totally Wicked refute the claims. The company does not, and has never, marketed or advertised its electronic cigarettes for any therapeutic purpose or as a smoking cessation aid.

Instead, Totally Wicked markets, labels, and sells its electronic cigarette products and accessories solely to provide adult consumers with an alternative smoking experience that excludes many of the inconveniences and negative associations surrounding smoking traditional cigarettes.

Totally Wicked has moved for temporary and permanent injunction against the FDA’s misidentification of Totally Wicked’s products. That motion is currently pending before the court.
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Old 02-21-2011, 09:33 PM   #2
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Originally Posted by VapingVictoria View Post
Copied from and email I received from TTW.

Totally Wicked is going to court to demand the release of its electronic cigarettes, currently impounded in the United States. The company hopes to bar the FDA from exceeding its law making powers, which could threaten the company’s future in America.

The Food and Drug Administration (FDA) is a federal agency established to regulate the release of new foods and heath related products.

It is Totally Wicked’s belief that they are attempting to regulate their electronic cigarettes and accessories as drugs, devices, or drug-device combination products under the federal Food, Drug, and Cosmetics Act.

Acting on orders by the FDA, U.S Custom’s officers detained a shipment of electronic cigarettes and accessories being imported into the United States through Miami International Airport by Totally Wicked.

They claimed the products appeared to be “misbranded” and “unapproved new drugs”.

Totally Wicked refute the claims. The company does not, and has never, marketed or advertised its electronic cigarettes for any therapeutic purpose or as a smoking cessation aid.

Instead, Totally Wicked markets, labels, and sells its electronic cigarette products and accessories solely to provide adult consumers with an alternative smoking experience that excludes many of the inconveniences and negative associations surrounding smoking traditional cigarettes.

Totally Wicked has moved for temporary and permanent injunction against the FDA’s misidentification of Totally Wicked’s products. That motion is currently pending before the court.
Really hope they get a judge with a brain and not a policy wonk.
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Old 02-21-2011, 11:23 PM   #3
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Me too Honey
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Old 02-21-2011, 11:59 PM   #4
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Me too Honey
The "Personal Vaporizer" companies don't have the money like a tobacco companies have. Even with Big O in the WH, they aren't going after Big Tobacco...
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Old 02-22-2011, 09:11 AM   #5
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I applaud TW in their attempts. Shows the FDA that small companies wont back down based solely on the hassle and cost of bring a suit even if its just. Im going make a purchase from them just to show support for the cause and encourage others to do the same just based on principles as vapers
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Old 02-22-2011, 09:54 AM   #6
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Well, TW isn't just trying to win it for themselves, though. A win from TW would echo through the industry. It may offer some security to other PV suppliers.
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Old 02-22-2011, 09:56 AM   #7
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I applaud TW in their attempts. Shows the FDA that small companies wont back down based solely on the hassle and cost of bring a suit even if its just. Im going make a purchase from them just to show support for the cause and encourage others to do the same just based on principles as vapers
I would love to do that to support the cause. Every time I have visited their web site, they have been out of what I was looking for. Their web site also hurts my eyes after awhile. I never liked to read comic books, also.
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