Truth begins to emerge

Just in case no one has seen this: (Smokey Blue _ELR)

One truth missing is the fact that the US Congress prohibited FDA from taking cigarettes off the market. This US Supreme Court ruling stands and has affected every tobacco case and decision up to the present and is behind the 2016 deeming of ENDS products as tobacco. The reasoning is convoluted. However, now Congress is purportedly proposing actions which will once again make FDA v. Brown and Williamson ripe for a challenge…one I believe will be overturned. All matters are jurisdictional. Examining both the legislative and prior high court decisions is absolutely necessary.

Knowing the way our laws and system are structured is essential. There can be no doubt that Congress placed these matters under federal jurisdiction. When Congress has a sufficient federal interest which causes them to legislate, the Supremacy Clause of the US Constitution prohibits state action to the degree that the federal interest is statutorily defined. You can do a web search on “federal preemption.”

At last the court challenges to this bullshit are finally about to begin. I don’t believe that FDA wants these matters back in court. By extensions of processes and procedures they have been able to stall until they actually take enforcement actions.

To be very clear I am not giving legal advice. I am engaging in conversation.

SEE Federal Register/ Vol. 82, No. 5 / Monday, January 9, 2017 / Rules and Regulations.


But, but, but… removing cigarettes off the market would also get rid of the feared gateway, we can’t have that :scream:


I particularly liked the professor’s analogy to this being a big tobacco “Trojan Horse.” I’ve been attempting to reference the legislative history and judicial rulings to point to past actions which clearly confirm this con job. IMO Juul/Altria/Phillip Morris/unknown others (big tobacco) have orchestrated this by ownership interests in vaping product manufacturing and distribution to destroy the industry. “Make America Smoke Again.”


Since vaping is so bad do you think we could start a campaign that smoking is a gateway drug to vaping


Cigarettes are a gateway drug to illegal street drugs, same as alcohol but must… keep… selling… Crazy world we live in

Edit: IME…