Totally Wicked vs FDA (U.S.)

[ckc]

Yes Jerry,i've always kept an eye on that thread.BS also stands for something else :-D

[jerryrm]

TW filed their motion today. I haven't read it yet, as legalese has a tendency to put me to sleep.

www.scribd.com/doc/49282775/Totally-Wicked-v-FDA-complaint-filed-2-15-2011

www.e-cigarette-forum.com/forum/attachments/e-cigarette-news/30416d1298328739-se-njoy-vs-fda-discussion-tw-unopposed-motion-briefing-schedule.pdf

www.e-cigarette-forum.com/forum/attachments/e-cigarette-news/30418d1298329174-se-njoy-vs-fda-discussion-tw-motion-temporary-restraining-order-preliminary-injunction-.pdf

www.e-cigarette-forum.com/forum/attachments/e-cigarette-news/30419d1298329194-se-njoy-vs-fda-discussion-tw-memorandum-support-motion-temporary-restraining-order-preliminary-injunction.pdf

[Scylla]

I have a Personal Shopper and a Personal Reader (tho' she may not know it ). So I ain't reading your links, Jerry, but thanks anyway

scylla

[Chrissie]

Thanks Jerry - but I'm also chickening out of reading that lot

[Scylla]

Feb 22, 2011 13:36:48 GMT Chrissie said:

I'm also chickening out of reading that lot

Oh no! But you are my Personal Reader, Chrissie

scylla

[Chrissie]

Oops sorry Scylla

[Perpetua]

Skim read the last of Jerry's links, which seems to contain the 'meat' of the argument and from what I can surmise . . . the FDA are saying that TW marketed their ecigs as smoking cessation aids hence their seizure of goods . . . TW naturally, hotly deny this.

Additionally the FDA cannot produce any evidence to prove ejuice is unsafe when used correctly in eigs another argument they're trying to use and one which TW's lawyer pulls apart.

TW seem to feel they stand a very good chance of winning this as the FDA hasn't done any real research and their argument for seizure is pretty weak . . . that's what I read anyway, although Jerry will probably have scanned the documents more throughly.

[jerryrm]

I haven't scanned them yet, Perpy, as I too was waiting for Chrissie to read them and give us a brief report.

I understand that TW is using the same law firm as Smoking Everywhere did. Since their and NJoys arguments have been successful so far, the arguments TW is using are probably pretty much the same.

[ckc]

I listened to the audio at the end of this:-

totallywicked.podbean.com/2011/02/21/totally-wicked-in-fda-showdown/?utm_source=twitterfeed&utm_medium=twitter

Seems the FDA is using a microscope to go through TW's website to see if they can 'get' them on anything......i only hope they hold the said microscope the right way round :-D

I don't mind a good read,i've read everything else up to now,i'll read all those later Jerry.Cheers

[Chrissie]

Thanks Perpy & Ckc Lol would also worry about the FDA using a microscope on TW's site - they might get an eye full of something other than e-liquid

*finds another wet fish for Jerry *

[jerryrm]

Feb 22, 2011 22:42:31 GMT Chrissie said:

Thanks Perpy & Ckc Lol would also worry about the FDA using a microscope on TW's site - they might get an eye full of something other than e-liquid

*finds another wet fish for Jerry *

OUCH !!! That's two days in a row that Milady has smacked me with the fish.

[ckc]

Update on TW/FDA they have decided a weeks breathing space to chat to see if they can come to an agreement without further court time.The FDA has asked for a week to reply to TW and tw have agreed.(not sure this attach will work)

www.e-cigarette-forum.com/forum/attachments/e-cigarette-news/30603d1298497173-se-njoy-vs-fda-discussion-tw-extension-response-motion-tro-prelim.-injunction.pdf

To say i'm surprised would be an understatement....the FDA must have something brewing.

[Chrissie]

Either that Ckc, or the FDA know they would lose but are just clutching at straws?

The link works fine - it downloads the PDF file

[jerryrm]

I don't trust the FDA, I never will trust them, again.

[Scylla]

Thanks for the update, CrazyK - a light at the end of the tunnel? or a false dawn? (Drama queen me )

scylla