Hop-on and USAcig's Update on FDA's Appeals Court for Electronic Cigarettes
2010年9月28日 - 1:26AM
Marketwired
Hop-on, Inc. (PINKSHEETS: HPNN) and USAcig, Inc. announced today
that on September 23, 2010, the Appeals Court heard the oral
arguments on the case with our electric cigarette competitors from
which the appeals court decided to stay the injunction with the FDA
pending further resolution.
Peter Michaels, CEO USAcig, Inc., "Our position in our company
is that the Electronic Cigarette Industry should be regulated
similar to the Tobacco Industry. We understand that Nicotine is a
by-product of Tobacco and our company does not and will not taut
that we are a smoking cessation. We are clearly a smoking
alternative."
Michaels also stated, "The underlining case heard at the Supreme
Court Thursday was to decipher whether the District Court properly
rejected FDA's argument that it has jurisdiction and authority to
regulate e-cigarettes as a drug device combination product. Despite
the Supreme Court's rejection of its jurisdiction over customarily
marketed tobacco products in Brown & Williamson and Congress's
subsequent enactment of an entire statutory framework for the
regulation of tobacco products, FDA asserted that it had
jurisdiction to regulate e-cigarettes (claiming it as a tobacco
product) as a drug and device combination under the FDCA. The base
for the opposing argument versus FDA was: FDA's regulation of
e-cigarettes as a drug device combination under the FDCA would be
contrary to the interpretation of the FDCA that the Supreme Court
adopted in Brown & Williamson. The Supreme Court's decision in
Brown & Williamson invalidated FDA's 1996 rule, the Supreme
Court adopted FDA's longstanding prior position that it could
regulate tobacco products under the FDCA only 'when sold with
therapeutic claims, but not when sold for recreational purposes.'
In this case, FDA could not dispute the district court's ruling
that e-cigarettes were not being sold with therapeutic claims. The
prevalent history from Brown & Williamson makes FDA's assertion
of drug device combination and jurisdiction over e-cigarettes was a
lost cause based on merits. Thus the FDA appealed the court ruling
and lift of injunction on electronic cigarettes products to further
address the issue."
About Hop-on, Inc.
Hop-on, Inc. offers multi-media services and has secured
licensing agreements from essential patent holders for GSM, CDMA
and WIFI technologies. Since its inception, known for developing
the world's first disposable cell phone, Hop-on currently remains
one of the few US-based manufacturers of cellular technology. The
Company also distributes The Electric Cigarette™ and The Electric
Cigar™.
About USAcig, Inc.
USAcig, Inc. is the only US-based manufacturer making the actual
nicotine cartridges/products in the US. The Electric Cigarette™ is
an alternative to traditional tobacco products. It is a
battery-powered device providing inhaled doses of nicotine by
delivering vaporized water, propylene glycol, nicotine solution and
other non-carcinogens. In addition to nicotine delivery, this vapor
also provides a flavor and physical sensation similar to that of
inhaled tobacco smoke, while no tobacco, smoke, or combustion is
actually involved in its operation. USAcig, Inc. is a US-based
manufacturer of "The Electric Cigarette™" and "The Electric
Cigar™." USAcig, Inc. manufactures its cartridges in the United
States and the electronics are manufactured in China. For more
information, visit www.USAcig.com.
USAcig: Peter Michaels 1-866-331-3244 Email Contact Hop-on:
Danny Coleman 1-949-756-9008 Email Contact
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