Lawsuits: no one wants them and if you can avoid them, it’ll be cheaper for you all the way around. But litigation is part of life and business since it follows disputes and disagreements and they are an everyday event.
In this crazy vape world, we have our share of disagreements and sticking points. The biggest one right now, the elephant in the room, is the battle against the FDA. There are currently four major suits against the FDA, initiated by some of the biggest names and players in the industry.
But the one that just plain pissed us off, the one we really, really wanted to win, was the case against the state of Indiana which was brought on by the Right to Be Smoke-Free organization.
Two years ago, a client in Indiana said there was talk about a regulation that would restrict the sale of vaping liquids from outside the state. I said that was hard to believe, but as I researched it, it turned out to be true.
I assured her it would never make it to the governor’s desk. But it did. I told her it would never be signed. But it was.
Many people were outraged and it seems that was a lot of drama, intrigue and conspiracy behind the law. Also, a lot of misinformation.
Our guest, Eric Gotting, was the attorney that took this case to the Federal appeals court and had it over turned. “The war in Indiana” is what I called it in several articles I wrote in VAPE magazine and I said, as did others, that this case is a milestone in the history of the vape industry. A victory for the state would be a very bad precedent that others would follow.
Turns out that the scales of victory tipped in our favor and justice prevailed.
I’ll leave it at that and let our guest share the saga, the story, the drama behind the War in Indiana.
What You'll Hear Today:
- The Tobacco Control Act (TCA) of 2009 (Federal) encourages the tobacco industry to create more safe alternatives to tobacco which contradicts the Indiana law (state). That creates a contradiction…
- TCA encouraged the industry to create better options
- The Indiana attempted to regulate the entire supply chain, including components that come from outside the state Their justification was calling it a “public health” statute
- States cannot control other states per the US Constitution…”Extra territory regulation” is forbidden
- Only one security company was approved to serve liquid manufacturers, which indicates influence peddling Plaintiff’s attorneys predicted that this law would eliminate many jobs and cost business and with 90% of liquid coming from out of state it would limit consumer’s options
- The State judge ruled against the Right to be Smoke Free plaintiffs, which forced the appeal
- The Seventh Circuit District offers three judges and is the second most important after the Supreme Court
- The decision was 3-0 and the Indiana ruling was deemed to be unconstitutional
- No sales can take place YET! The current rules are still in force
- SB1 was introduced and make eliminate the current regulations but needs to pass the Senate and the House. It may take a few months
- Was this a “frivolous lawsuit?” Should anyone raise that issue?
- The issue with calling vaping “smoking cessation” was discussed. Is it because vaping could be construed a “drug?”
- The Supreme Court has a history of listening to tobacco related cases. Could this go that far? Only 1% of cases go to the Supreme Court, but it may go to a lower level court.