Judge Refuses To Halt Flavored Cigarette Regulations

[Neil's butt boy.]

http://jetl.wordpress.com/2009/11/12/judge...te-regulations/





In September 2009, the FDA adopted a new regulation banning flavored tobacco. The ban specifically targets candy and fruit-flavored cigarettes. While this issue may be obscure to some, for others, it’s a big deal–their favorite brands of cigarettes have been made illegal with little public debate while the country is occupied with a tanking economy and more contentious political issues such as health care reform and war.

According to the act authorizing the FDA to make the regulation:

a cigarette or any of its component parts (including the tobacco, filter, or paper) shall not contain, as a constituent (including a smoke constituent) or additive, an artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee, that is a characterizing flavor of the tobacco product or tobacco smoke.

Fortunately for cigarette aficionados, the law is apparently widely flouted, especially on the Internet. However, even these sources may soon dry up–the FDA has been sending warning letters to those vendors found violating the law.

The FDA claims that seventeen-year-olds are three times as likely to smoke flavored cigarettes when compared to twenty-five-year-olds. Furthermore, since many smokers begin as teens, the agency reasons that removing flavored cigarettes from the market will prevent many smokers from ever taking up the habit in the first place. While it has not yet banned other types of flavored tobacco, such as flavored pipe tobacco, flavored cigars, or shisha, the FDA has stated that it is studying those products.

On Thursday, U.S. District Court Judge Joseph H. McKinley of Kentucky rejected tobacco companies’ arguments for a preliminary injunction designed to halt the ban; however, the case will proceed. Tobacco companies have argued that the new regulations on packaging and flavoring restrict their rights to free speech in marketing as well as hindering their ability to participate in the public debate about tobacco.

While tobacco has become increasingly unpopular with the public, this latest regulation appears to be an instance of over-regulation and a stepping stone to even greater restrictions on Americans’ liberties. Even if seventeen-year-olds are more likely to choose flavored tobacco, the FDA has not shown that making flavored cigarettes unavailable to everyone will prevent these smokers from simply switching to a different tobacco product. Meanwhile, legitimate smokers of flavored tobacco must sacrifice their favorite cigarettes to achieve a vague “save the children” policy goal.

Most worrisome is the FDA’s statement that it is considering wiping out other forms of flavored tobacco. Some types of tobacco, such as shisha, are always flavored. Were the FDA to extend this ban to all other tobaccos, thousands of hookah bars across America would be forced to close their doors. If America’s other experiences with prohibition are any example of what’s to come, pushing flavored tobacco underground will surely do more harm than good.

[Hooka_bears]

old news

[redjako]

Its only about ciggies anyway.

Though its still the dumb logic of, like Utah, banning "alco-pops" (wine cooler style drinks: mikes hard lemonade, shmirfoff ice, etc) from grocery / gas stations and placing them in liquor stores due to the "gateway" effect..garbage.

[Chreees]

Has NOTHING to do with hookah...

[Charley]

I just wonder where they get there numbers at.
I have known a lot of teenagers in my lifetime and have yet to even meet one that likes flavored cigs.
they all want camel wides or Marlboro reds.

I do know a lot of ppl who smoke flavored cigs tho and there all "children of the 60's". personally it makes me sick that my government wants to tell me what I can and can not have because there afraid someones kid will get it. It is not the govs job to raise your kid its your job.

[antouwan]

Has NOTHING to do with hookah...

i think you missed that last paragraph:

Most worrisome is the FDA’s statement that it is considering wiping out other forms of flavored tobacco. Some types of tobacco, such as shisha, are always flavored. Were the FDA to extend this ban to all other tobaccos, thousands of hookah bars across America would be forced to close their doors. If America’s other experiences with prohibition are any example of what’s to come, pushing flavored tobacco underground will surely do more harm than good.

[Rani]

old news

Yes, it is old news, but.............

The legislation kind of snuck up on us because it was ready for a vote and expected to easily go to the presidents desk by the time we were really informed about it in detail. And then we didn't do much saying "oh, it's about cigarettes, so no worries" which is ridiculously short sighted. I wasn't aware the tobacco companies tried for an injunction. We should be supporting them and try to get it repealed now that fate or our legislative system has given us a second chance opportunity to back those trying to overturn it.

'Rani

[Hippo_Master]

If i was a conservative prick I'd do the same thing.

[spectrum055]

Its only about ciggies anyway.

Though its still the dumb logic of, like Utah, banning "alco-pops" (wine cooler style drinks: mikes hard lemonade, shmirfoff ice, etc) from grocery / gas stations and placing them in liquor stores due to the "gateway" effect..garbage.

don't forget Zima XD

[Jacob Shock]

Were fucked. the FDA will attack our hookahs in time. because when they realize that there actions have done nothing but piss a couple people off they will push HARDER. you see these idiots. they genuinely believe that they are on to something. and when they wipe out the hookah market not only will they have made virtually no progress, they will also have removed a tiny piece of the economy, as well as reduce the amount of money that our government gets ever month.....this money is called taxes, and there is allot of it on tobacco. so let them "save the children" the .01% that they save buy removing the opportunity for them to smoke.

as for the statistic on 17 year olds being more likey to buy flavored cigarettes than 25 year olds. i completely agree. the difference in my opinion is its fulled by logic and not being a dipshit. the reason i believe is simple. if you 17the concept of smoking is new, at this point in your life you probably dont know if you like it or not, out of curiosity you will try it. the reason 25 year olds are less likley is because they tried it when they were 17 and didnt like it so there not gonna say to themselves hey i wanna try smoking, they al ready have.

what im getting at is the reason there potential smokers at the age of 17 is they never tried it and dont know if they like it or not, as opposed to the older age group has been there and done that and already made thier choive as to why they like or dont.

anybody feel were im coming from?

[Bulldog_916]

That's kinda why most tobacco merchants have that little "No ID No Tobacco" thing. Under 18 it shouldnt even be a problem. But apparently someone is having a shit fit and it's gonna screw us all over.

[K1024]

Were fucked. the FDA will attack our hookahs in time. because when they realize that there actions have done nothing but piss a couple people off they will push HARDER. you see these idiots. they genuinely believe that they are on to something. and when they wipe out the hookah market not only will they have made virtually no progress, they will also have removed a tiny piece of the economy, as well as reduce the amount of money that our government gets ever month.....this money is called taxes, and there is allot of it on tobacco. so let them "save the children" the .01% that they save buy removing the opportunity for them to smoke.

as for the statistic on 17 year olds being more likey to buy flavored cigarettes than 25 year olds. i completely agree. the difference in my opinion is its fulled by logic and not being a dipshit. the reason i believe is simple. if you 17the concept of smoking is new, at this point in your life you probably dont know if you like it or not, out of curiosity you will try it. the reason 25 year olds are less likley is because they tried it when they were 17 and didnt like it so there not gonna say to themselves hey i wanna try smoking, they al ready have.

what im getting at is the reason there potential smokers at the age of 17 is they never tried it and dont know if they like it or not, as opposed to the older age group has been there and done that and already made thier choive as to why they like or dont.

anybody feel were im coming from?

everyone i know who started smoking cigs at a young age started with regular cigs and wont smoke flavored cigs because they are for panzys.

[Jacob Shock]

Were fucked. the FDA will attack our hookahs in time. because when they realize that there actions have done nothing but piss a couple people off they will push HARDER. you see these idiots. they genuinely believe that they are on to something. and when they wipe out the hookah market not only will they have made virtually no progress, they will also have removed a tiny piece of the economy, as well as reduce the amount of money that our government gets ever month.....this money is called taxes, and there is allot of it on tobacco. so let them "save the children" the .01% that they save buy removing the opportunity for them to smoke.

as for the statistic on 17 year olds being more likey to buy flavored cigarettes than 25 year olds. i completely agree. the difference in my opinion is its fulled by logic and not being a dipshit. the reason i believe is simple. if you 17the concept of smoking is new, at this point in your life you probably dont know if you like it or not, out of curiosity you will try it. the reason 25 year olds are less likley is because they tried it when they were 17 and didnt like it so there not gonna say to themselves hey i wanna try smoking, they al ready have.

what im getting at is the reason there potential smokers at the age of 17 is they never tried it and dont know if they like it or not, as opposed to the older age group has been there and done that and already made thier choive as to why they like or dont.

anybody feel were im coming from?

everyone i know who started smoking cigs at a young age started with regular cigs and wont smoke flavored cigs because they are for panzys.

now i feel like less of a man, i smoked camel frosts for my go to cig. i also bought djarams like crazy.

by the way i think its bullshit they took camel frosts away, it was a flavored cigarette. it was minty like a methol but didnt have menthol. more of a winterfresh taste if you ask me, yes the gum. but its virtully the same damn thing as a menthol.

djarums are still on the market but they are marketed as cigars, even though they are not.

[K1024]

Were fucked. the FDA will attack our hookahs in time. because when they realize that there actions have done nothing but piss a couple people off they will push HARDER. you see these idiots. they genuinely believe that they are on to something. and when they wipe out the hookah market not only will they have made virtually no progress, they will also have removed a tiny piece of the economy, as well as reduce the amount of money that our government gets ever month.....this money is called taxes, and there is allot of it on tobacco. so let them "save the children" the .01% that they save buy removing the opportunity for them to smoke.

as for the statistic on 17 year olds being more likey to buy flavored cigarettes than 25 year olds. i completely agree. the difference in my opinion is its fulled by logic and not being a dipshit. the reason i believe is simple. if you 17the concept of smoking is new, at this point in your life you probably dont know if you like it or not, out of curiosity you will try it. the reason 25 year olds are less likley is because they tried it when they were 17 and didnt like it so there not gonna say to themselves hey i wanna try smoking, they al ready have.

what im getting at is the reason there potential smokers at the age of 17 is they never tried it and dont know if they like it or not, as opposed to the older age group has been there and done that and already made thier choive as to why they like or dont.

anybody feel were im coming from?

everyone i know who started smoking cigs at a young age started with regular cigs and wont smoke flavored cigs because they are for panzys.

now i feel like less of a man, i smoked camel frosts for my go to cig. i also bought djarams like crazy.

by the way i think its bullshit they took camel frosts away, it was a flavored cigarette. it was minty like a methol but didnt have menthol. more of a winterfresh taste if you ask me, yes the gum. but its virtully the same damn thing as a menthol.

djarums are still on the market but they are marketed as cigars, even though they are not.

in contrast to what i originally said, i only smoke djarums (the new cigars are almost the exact same) and i didnt start buying cigs until i was 20ish...

[Rani]

Were fucked. the FDA will attack our hookahs in time. because when they realize that there actions have done nothing but piss a couple people off they will push HARDER. you see these idiots. they genuinely believe that they are on to something. and when they wipe out the hookah market not only will they have made virtually no progress, they will also have removed a tiny piece of the economy, as well as reduce the amount of money that our government gets ever month.....this money is called taxes, and there is allot of it on tobacco. so let them "save the children" the .01% that they save buy removing the opportunity for them to smoke.

as for the statistic on 17 year olds being more likey to buy flavored cigarettes than 25 year olds. i completely agree. the difference in my opinion is its fulled by logic and not being a dipshit. the reason i believe is simple. if you 17the concept of smoking is new, at this point in your life you probably dont know if you like it or not, out of curiosity you will try it. the reason 25 year olds are less likley is because they tried it when they were 17 and didnt like it so there not gonna say to themselves hey i wanna try smoking, they al ready have.

what im getting at is the reason there potential smokers at the age of 17 is they never tried it and dont know if they like it or not, as opposed to the older age group has been there and done that and already made thier choive as to why they like or dont.

anybody feel were im coming from?

everyone i know who started smoking cigs at a young age started with regular cigs and wont smoke flavored cigs because they are for panzys.

now i feel like less of a man, i smoked camel frosts for my go to cig. i also bought djarams like crazy.

by the way i think its bullshit they took camel frosts away, it was a flavored cigarette. it was minty like a methol but didnt have menthol. more of a winterfresh taste if you ask me, yes the gum. but its virtully the same damn thing as a menthol.

djarums are still on the market but they are marketed as cigars, even though they are not.

At the liquor store where I pick up my lottery tickets I saw a major increase in their offerings of flavored "cigarillos". So it may well be that the tobacco companies will change their paper to brown cigarillo paper and get around it that way. I still think we should all be part of any campaign to get this overturned.

'Rani

[Stuie]

I just wonder where they get there numbers at.
I have known a lot of teenagers in my lifetime and have yet to even meet one that likes flavored cigs.
they all want camel wides or Marlboro reds.

I do know a lot of ppl who smoke flavored cigs tho and there all "children of the 60's". personally it makes me sick that my government wants to tell me what I can and can not have because there afraid someones kid will get it. It is not the govs job to raise your kid its your job.

100% agree, very few people I knew and know smoke menthols, much less flavored cigarettes.