FDA Attacking The First Amendment: Is The Constitution Going Up In Vapor?

by | Feb 3, 2018 | Headline News | 47 comments

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    Is The Constitution Going Up In Vapor?

    According to the Pacific Legal Foundation, it most certainly is, literally.

    PLF has filed a lawsuit against the unconstitutional Food and Drug Administration over what is being promoted as a healthy alternative to smoking.

    It’s a product that has been sweeping the nation for a couple of years now, and it called vaping.

    Part of the claim is that the FDA devised a rule against vaping that appears to clearly attack the First Amendment by regulating what can be said about a product, even if those claims are true.  Take a look at this short video.

    According to PLF:

    Electronic nicotine delivery systems—vaping devices and e-cigarettes—first hit U.S. stores in 2007. It didn’t take long for vaping to jump from zero to a $5 billion domestic industry, as entrepreneurs quickly recognized a market hungry for an alternative to traditional cigarettes.

    In 2016, just as the burgeoning vaping industry was getting off the ground, the Food and Drug Administration (FDA) stepped in with a rule that deems e-cigarettes as tobacco products, and brand new, severe regulations that will only harm the industry and perhaps overall public health—contrary to the agency’s very mission.

    Using a unique legal theory, Pacific Legal Foundation is suing the FDA in three separate federal courtrooms—at the same time—on behalf of vape store owners and a harm reduction organization in several states who want to promote a more healthy alternative to smoking.

    The unconstitutional rule burdens these individuals and organizations in unique ways, but all are united in opposition to its continued enforcement.

    The FDA’s regulations are not only expensive and onerous, and prevent vaping entrepreneurs from fulfilling what they believe is a humanitarian mission of helping people, but the rule was illegal the second it hit the Federal Register.

    How in the world is a product that produces water vapor a tobacco product?  On what planet does that fly?  The same one that the same Communists tell us we are in the midst of global warming, over population and need a nanny state to tell us what to eat and drink.

    It’s unconstitutional because only Congress has legislative authority under our Constitution.  Our Constitution doesn’t even mention an FDA, which has actually been the promoter of numerous drugs that have killed hundreds of thousands of peopleaccording to its own website.

    Here’s where the cases are taking place.

    • In the U.S. District Court for the Northern District of Texas, PLF represents Joosie Vapes, owned by Denissa Moore and her husband, Larry Moore, Jr. Denissa used to smoke two packs a day, and tried to quit by using Chantix, nicotine patches, and even hypnosis. None of these were successful. She then turned to vaping and quit smoking after just a year. She founded Joosie Vapes with her husband in 2013 as a way to help others quit smoking.
    • In the U.S. District Court for the District of Minnesota, PLF represents five clients: Jen Hoban (pictured above), owner of Masterpiece Vapors, the Plume Room, J.H.T. Vape, Lakes Vape Supply, and Tobacco Harm Reduction 4 Life (THR4Life), a nonprofit organization.
    • In the U.S. District Court for the District of Columbia, PLF represents four businesses in three states:
      • Steve Green, owner of Mountain Vapors (California), was a 2+ pack a day smoker for 30 years who doctors warned was developing emphysema. A few years ago, his wife was given a vaping pen from a friend, which he tried and quit smoking that same day.
      • Kimberly Manor founded Moose Jooce in Michigan, after her late husband passed away from lung cancer.
      • PLF also represents Rustic Vapor in Michigan and Dutchman Vapors in North Dakota.

    So, what is at stake in the case?

    • Rule-makers need to follow the rules: Under the Constitution, issuing regulations is the job of appointed officials who answer to the democratic process, not unelected career bureaucrats. This vaping rule was issued by such a bureaucrat in violation of the Constitution.
    • The vaping edict flouts the First Amendment by forcing businesses to run a daunting regulatory gauntlet in order to advertise truthful information. The government can’t require pre-approval for truthful speech, and it especially can’t shift the burden of proof to the speaker to prove the benefits of his speech will outweigh any harms the government perceives may result.
    • Beyond violating the Constitution, the vaping rule is horrible public policy: it threatens to shut down thousands of small businesses that provide potentially life-saving products and creates a public safety hazard by making it very difficult to improve and repair products.

    Continued infringements of the rights of the people by those who take an oath to uphold the Constitution and at every turn violate that oath cannot continue to be tolerated in this country.  We have tolerated it too long.  It’s way past time to abolish the unconstitutional FDA as strong arm of the DC government.


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      1. If your old enough to consume alcohol, tabaco , weed or any other product other then food, OF COURSE ITS PROBABLY NOT GOOD FOR YOU. I don’t see the problem here.
        I think Dennis Leary had it right when he said ” the problem is we need more drugs and we give them the the right people. They overdose die and the intelligence in the general population should go up

        • You said it well. The only thing meant to go into your lungs is unpolluted air. Vaping has it’s dangers which no one is going to tell you about. People are an addictive group.

      2. AB, the FDA can go to hell. No fed agency tells me what to do. Some studies have supposedly shown that ‘vaping’ is no safer than smoking. I gave up smoking back in 2007 and I can tell you there’s a whole world of difference in how you feel once you’ve kicked the habit. If I handled vaping products I would have the warning labels on those products regardless of what FDA says. They kill hundreds of thousands of people with their poisons every year in the US and think they can preach to us about anything? F#$% the FDA.


          Flu vaccine BOMBSHELL: 630% more “aerosolized flu virus particles” emitted by people who received flu shots… flu vaccines actually SPREAD the flu – NaturalNews.com

          ht tps://www.naturalnews.com/2018-01-30-flu-vaccine-bombshell-630-more-aerosolized-flu-virus-particles-emitted-by-people-who-received-flu-shots-flu-vaccines-actually-spread-the-flu.html

          • I never advocate the flu shot for anyone, the concentrate introduced into the body DOES have a deleterious effect on those who get them.
            Regardless to my negative view of the flu shots, the shots are comprised of inactive flu viruses, meaning they cannot reproduce..so spreading those particles via a diluted aerial method, like a cough or sneeze, SHOULD be largely harmless.

        • Agreed. If one want to consume tobacco and alcohol ect it should ones own choice.

          • “FDA Attacking The First Amendment: Is The Constitution Going Up In Vapor?”


            • And when stinkin’ lincoln formed the us corp.

              • Are YOU a US Citizen? Better look it up!

                • I will even help you do it… ht tp://www.supremelaw.org/

      3. How about do the right thing and stop all tobacco production and sales to the public. It is a vile substance that has led to untold deaths probably for centuries. I know how addictive it is because I have smoked cigarettes for about 30+ years, for the past 10+ years at least a pack a day. This government does not care about the public health of its citizens period. The e-cigarettes must be less dangerous seeing as how there are booths set up in the mall selling them and smoking them indoors where regular tobacco products are banned from being smoked indoors. That was the way it was about a year ago, I haven’t been there in that long. Yes abolish the FDA, the toxic substance pushers from A to Z pay off that agency to peddle their poisons. Monsanto, big tobacco, big pharma, big alcohol, big pesticides and on and on. At any speed death and sickness can be pushed for the almighty dollar.

        • Ban marijuana sales too, while we’re at ti then. One joint equals 20 cigarettes, damage wise. Yep, thats right: 20

          • And jimbo knows the government told him so…. wake up

      4. Furthermore, I never smoked as a minor, was in my early 20’s before starting, then quitting for 10 years only to start again. Now they want $5 to close to $10 for a single pack, forget that BS. I get the cigar tobacco little cigarettes for $11 even for a carton. They are mild and taste like normal smokes. Horrible and stupid habit I agree.

        • $10 and under a pack? You must live in a great area. I was paying an average of $13/pack ($100/carton) when I smoked. I was an average 1 pack/day smoker for 57 years until e-cigarettes came out in 2007. Just looking at simple economics, $10/pack/day vs. $15/MONTH for vaping fluid (which I manufacture myself from over-the-counter ingredients — no CHINESE crap!

          The active drug in tobacco, nicotine, IS addictive BUT IT IS NOT DEADLY. What kills people is the carbon monoxide, ammonia, tar, and several dozen other chemicals that cause cancer, emphysema, copd and other ills. Even though nicotine is toxic in excess, it has no long-term effects other than addiction.

          My fluid contains propylene glycol (an FDA approved sweetener found in everyday foodstuffs), vegetable glycerine (also FDA approved and manufactured in your own body and vegetables), and 0.2% nicotinic acid (the average amount of nicotine found in a Marlboro). There is no question, I’m still addicted, but nothing is going to kill me or make me ill. I can make 100ml of fluid for under $20. I vape approximately 30ml each month. What has the government so bent out of shape is that they haven’t figured out how to tax the fluid (YET). The chemicals I buy for my process are all USP grade (99.99% pure) from reputable supply houses and over-the-counter.

          The biggest threat I face from vaping is the possibility of the lithium-Ion battery exploding…the same danger you face every time you use a cell phone.

          If you are a smoker, keep your money out of the hands of corrupt politicians and their taxes.

          • You fell for the “FDA approved” ploy to willingly contaminate your lungs with propylene glycol and glycerine? Wow.

          • I lit up my first smoke at age 14 and quit in 2007 right after my 50th birthday. That’s 53 years I had the habit and finally laid them down for good. Never regretted that move for one minute. If any of you still smoke now, my advice is to quit. You’ll save money and your health and stamina will improve. Once you’ve completely given them up, you’ll notice a big change in your body.

      5. Commercial speech is not protected speech.

        • The first amendment is a restriction on congress (and the federal government). It is not a granting of a right. It prohibits congress from restricting the freedom of speech. It does not make any distinction between types of speech. Your comment is either ignorant or deceitful.

        • The Constitution says, “Free speech”, it doesn’t say “Free protected speech”. All speech is to be free. In any case, it’s not speech that is to be protected but the right of humans to speak freely.

      6. Ban potatoes and tomatoes, they also contain nicotine.

      7. Cigarettes were designed to cull the ignorant. And to kill ya before you can collect Social Security.

        I like a good Cigar and Red Wine, and Pot is amazing as well. Lots of benefits to pot. The problem is it is not regulated and you have no idea what you are getting. Get a bag of angry pot and it makes ya paranoid. If it was legal recreationally you can get what kind works best for you. I am way more productive and get more things done after a few puffs. Some of you know what Im talking about. A few bong hits and go Mt Biking or snow skiing. It will make your whole day. Been fresh out for months now though. WTF? I hate having to go look for it. Need a dispensary and get what I want. Should be legal to grow your own. And keep the Graberment out of our lives…

        • I like using a water bong for my nutritional cronic Marijuana intake.

      8. It all boils down to the simple choice we as a nation must make. Either we think of adults as … adults, responsible entirely for their own decisions and the outcomes of those decisions; or, we have a totalitarian authority who supersedes the right of adults to make any decision that affects only themselves (and I mean only the individual … familial responsibility ends with the first person’s choice on all matters only influencing that same individual’s life and not some environmentally-induced harm to another… i.e. you eat beans and nature needs to reduce the gas content, then go outside and let loose. Don’t gas your kids, LOL). Smoking, drinking, drugs, gambling, risky sex choices… all only affecting the person doing the choosing are matters only for the individual to bear the consequences of.

      9. Can anyone see ANY kind of practical good the Federal Government does anymore?

        Of what use is it?

        From the Declaration of Independence:

        ….That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

      10. When early explorers and experimenters wanted funding for their projects, everything was miracle food or drug.

        Jean Nicot, of nicotine fame, used this potent anti-inflammatory to cure disease, including cancer, and to help reattach severed limbs. A frugal, cautious pinch of the leaves, in a tea, is supposed to have more anti-oxidants than pomegranate juice, in some claims.

        People are condemning it, so emotionally. Without speech controls, the dialog is 180 degrees opposite of what you expected.

      11. Cigarettes are loaded with chemicals that tobacco companies add in order to make them more addictive. These lung destroying ingredients such as ammonia make detoxification brutal. If you switch to a healthier cigarette made from simple tobacco leaves grown organically, you will go through withdrawal, but not from nicotine, from the dangerous cigarette additives. You will probably smoke less of the healthier ones just naturally as they won’t be as “satisfying” to smoke.

        Cut back on them gradually after a month or so until you’re down to four a day. When you’re ready to be free of the expensive addiction, just stop. You made the decision to start, you have the power to stop whenever you decide. If after a week, you decide to take a puff, don’t beat yourself up. Smoke as little of it as you can, half a cigarette, then put it out, and go back to being free of the habit.


      12. Not everyone who thinks climate change is real is a Communist.

        • Yeah, ‘rrrr’, you’re right. A climate change adherent may not be some ‘ist’ moniker (socialist, communist, facist…); however, they have totally missed the point and reason that there is the push to being a climate change political supporter. Climate change is what – by the adherents own words, “a worldwide concern”. But listen, please. Climate is and and always has been changing. The only constant in the universe (or on earth and with climate as well) is change. As the world has burgeoned with people, as tech has connected virtually all the diverse populations and places…. the powers that be cannot have that. That would mean we humans, serfs, peons, peasants would see one another are people. That the world was becoming peaceful and trade was taking place between all alive. No need for national governments, no need for warfare. And that would eventually spell the demise of the rulers and elite class. So? What to do? Create a worldwide extinction-threatening problem. Climate change, aka global warming, eco-collapse… whatever. Unite the world again under the authority of the ‘saviors’ – the same rulers, the same elites. So, no – climate change believers are not ‘ists’. They just don’t see that the entire scheme is one of manipulation and the goal of loss of freedom to all.

        • That is correct,the others are referred to by the communists as useful idiots.

          “Not everyone who thinks climate change is real is a Communist.”

      13. We are so far away from a constitutional republic, and government that represents the people! It is silly to even ask if there is still a constitution. There is!

        We just don’t have a government that follows it anymore! Fedgov is no longer constrained by that peace of paper, and the words on it that enumerate what fedgov can do. Seriously, how long has fedgov been doing whatever they want? Seems like decades and decades to me! They have abused it from the start, and pretty well started ignoring it a hundred plus years ago. Look at how much they do outside the constitution and the enumerated powers!

        It is just a bunch of old farts creating laws now. Where freedom, and liberty, used to mean something! Americans are funny. Millions, and millions, and millions, and millions, etc. of laws and regulations. How does that represent freedom and liberty? How does that represent the spirit of America? It’s a joke!

        • It also used to be that said old farts making laws also had a job or profession outside of government and that job or profession provided for them and their families support.

          It also used to be that said old farts making laws only got together a couple of times a year to do government business. They spent most of their time at home minding their own affairs and getting to know those whom they represented.

          It used to be that said old farts making laws in the Senate were selected by their state government and only the House of Reps were elected by the people.

          I could go on but you get the point.

      14. We are so far away from a constitutional republic, and government that represents the people! It is silly to even ask if there is still a constitution. Of course there is!

        We just don’t have a government that follows it anymore! Fedgov is no longer constrained by that peace of paper, and the words on it that enumerate what fedgov can do. Seriously, how long has fedgov been doing whatever they want? Seems like decades and decades to me! They have abused it from the start, and pretty well started ignoring it a hundred plus years ago. Look at how much they do outside the constitution and the enumerated powers!

        It is just a bunch of old farts creating laws now. Where freedom, and liberty, used to mean something! Americans are funny. Millions, and millions, and millions, and millions, etc. of laws and regulations. How does that represent freedom and liberty? How does that represent the spirit of America? It’s a joke!

      15. Have I been shadow banned. Seems my comments don’t make the cut most of the time now. I assume it is a software issue, and no one cares.

        • Dave clean.out cookies history and cash.
          I’ve been having problems with the Shadow Bann as well it’s a software glitch on your phone or laptop

          • My settings are set to do this when I close it. So I don’t think that is all that is going on. The comment you see came immediately after two others that you do not see.

            • The only difference is these are shrter, and not on topic.

          • My wife cleans out my cash. Or did you really mean to say cache?

            • lol. On an ipad. It thinks on its own, and defies my wishes. Oh, wait, that’s my wife.

      16. What we all need to really take in and understand is that not one thing happens in industry or government (think – Siamese twins) without purpose. All laws are enacted to cause the increase of dependency upon government. All ‘accidents’, whether truly accidental or not, are used as mechanisms to create the tools/laws of government to further entrench the hierarchy of those in power over those not so. If we don’t go to war with another nation, we must go to war against – big business, industry, some vice (alcohol, tobacco, drugs, sex, gambling….). For without an adversary, the government has no purpose or casus belli (be it as I state, actual armed conflict or civil law enforcement). The moment we all get it through our thick skulls that there is no such thing as coincidence or ‘fair’ (other than the county fair, a fair wind or a maiden’s fair face) we will begin to understand what the hell is going on. Take all of us – many, including myself, are already on a war-footing of sorts. Is this normal? I’d say ‘yes’. For we ARE at war with our own system. As is that same system, national and international, against us.

      17. It’s very simple.

        By REGULATION, any product that is a DRUG, that is, having PsychoActive properties (causing any type of mood change), requires a PRESCRIPTION!

        But Big Tobacco somehow got AROUND this rule (did they pay someone off?) yet Nicotine releases TONS of Dopamine (where we get the word “dope” from) in the brain.

        Therefore, ANY vaping product containing tobacco HAS nicotine in it (it has the same addictive potential as heroin) and as mentioned before, cigarette companies have purposely ADDED nicotine to addict people.

        The result?

        7 MILLION people DIE from tobacco each year 890,000 of whom die from second hand smoke alone!

        97% of everyone who smokes start BEFORE the age of 21 and tobacco companies KNOW they have to get you started BEFORE age 21 because that’s when the part of your brain that is your seat of judgment (the cerebral cortex) becomes fully formed, otherwise all smokers would have made a much WISER choice!

        Therefore, fight BIG TOBACCO before you take on the FDA, and you will help save countless lives.

        Don’t get manipulated or side-tracked in any FDA squabbles until the real enemy, the sleazy business practices that allow Big Tobacco to mow down humans like the mother of all bombs, get halted dead in THEIR tracks!

        – the Lone Ranger

        “Evil is that which destroys.” – Dr. M. Scott Peck, M.D.

        “It is no secret that evil is the word live spelled backwards.” – Dr. M. Scott Peck, M.D.

        • OK so let’s quit fuckin’ around and just get rid of govt. PERIOD.

          Good vs. evil (without govt evil) and let the cards fall where they will. I am in whole heartedly!

      18. Been gone for a long time.

      19. Want to quit smoking/vaping etc? Stop putting those things in your mouth and lighting them up/switching them on. Those with a will can do it. Those of weak character and weak will cannot.

      20. ban pot – its far more dangerous

        • ban Jimbo. His posts are fanatic and stupid.

      21. he dangers of e-cigarettes are just as real as regular cigarettes. According to a 2016 Report of the Surgeon General, the vapor produced by these devices is NOT water vapor — it is a toxic aerosol that contains cancer-causing substances.

        E-cigarettes are also dangerous to youth, as the nicotine used is highly addictive and dangerous for their still-developing brains.

        If the above is true hen the FDA is well within its jurisdiction

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