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I am going to go out on a limb here and say that the flavored ecig companies will tip scotus to rule in their favor.
I won't be shocked if they make them legal for 2-year-olds.
They will unless those 2-year-olds pay up. Justices need cruises to clear their heads before making important decisions.
I suspect they'll offer compelling scuba vacations—oops, I mean arguments
They need to side with the companies on this. The FDA fucked things up royally to crush the industry.
Edit: if anyone wants to know how they did this, it's because of the Premarket Tobacco Product Applicatios (PMTA) process.
Basically, for every single SKU you made, you had to submit the application which costs about $250k minimum. This means that if you have a line of 10 flavors in 4 different nicotine strengths, you'd need 40 applications. Their guidelines for the applications were also super vague, basically guaranteeing they could deny all of them.
And that's just the most egregious thing they did. They also labeled anything relating to vaping a tobacco product, including wire and batteries. Which would also be subject to the PMTA process.
Yep, the ecig industry has helped a epic amount of people quit smoking and fewer people to just vape vs picking up smoking cigs. It's insane how against the grain regulators went with this.
It's because they weren't subject to the tobacco tax that cigarette companies must pay due to the Tobacco Master Settlement Agreement (MSA). Now the vaping industry is all but decimated outside of disposables, but you can still go buy your favorite cigarettes at any corner store.
Yup, it was all about the taxes. If you look at basically any study on vapes that has come out of the US, the methodology is designed to produce negative results.
If the FDA cared about public health they would have actually regulated the market, instead of guaranteeing the market was flooded by sketchy Chinese disposables which generate a shit ton of dangerous and hazardous waste.
They would also ban cigarettes if they actually cared.