American Vapor Manufacturers Profile picture
Oct 26, 2021 7 tweets 2 min read Read on X
An opinion was issued this morning by the Fifth Circuit federal court granting Triton’s petition to halt FDA’s market denial order, pending judicial review. The opinion from the bench takes FDA and their NGO pals to the woodshed. 🔥🔥🔥
THREAD
dropbox.com/s/vn10nc7mnyrl…
Opening passages take an absolute 2x4 to FDA’s entire process. 👀
2/
And just keeps on hammering them. 3/
FDA tried to get slippery with the court by using new excuses at the bench. Nope.
4/
Rejected. 🥊
5/
Prohibition groups like CTFK, the misnamed Truth Initiative, and Parents Against Vaping tried to weigh in with Amicus briefs but the court KO’ed their arguments too. 6/
That is gonna leave a mark...

/END

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More from @VaporAmerican

Sep 4
🔎 Let's talk for a minute about why the Supreme Court amicus brief from Sen. Dick Durbin might actually be a good thing. It's because Durbin's fanaticism and hyperbole are on such lurid display that it'll give the Court a clear sense of just who's pushing vape prohibition.
1/🪡 Image
The first thing SCOTUS law clerks will notice is the Durbin brief is strictly partisan -- all the signatories are part of Durbin's particular wing of the Democratic party. On political issues, that's fine -- but in this context it signals there's no unanimity, as Durbin pretends. Image
The Court will also see that Durbin is not deploying measured persuasion but instead the most hyperbolic rhetoric he can dream up. Image
Read 14 tweets
Aug 21
🚧 🧨 🚧
We need to talk about the debacle of 22nd Century's bet on low-nicotine cigarettes -- not only as an asinine business model but what the implosion says about @FDATobacco and the news media that covers nicotine policy.
1/ 🪡
Here is the company's stock chart for the last year and it's a complete wipeout. It's hard to overstate just how bad this is -- but if you invested in this company, you have basically lost your shirt. Image
But there was once a time, not long ago, when this stock was flying high -- selling for more than $1,200 per share with a market cap of nearly a billion dollars! What explains that? Why were investors flocking to this company? Image
Read 20 tweets
Jul 3
By granting cert in the Triton case, the Supreme Court is now poised to rebuke @FDATobacco's unlawful and destructive vape regulatory scheme. But readers of the New York Times and Wall Street Journal, the nation's two biggest papers, would have no idea. They didn't cover it.
1/🪡
It's not like these papers don't obsess over SCOTUS / FDA. They've each got scores of stories in just the last few days, including this one on Loper fretting how the agency's "critics" (read: the American people) may confront the agency. (Shut up and eat your spinach, peasants!) Image
@By_CJewett even indulged Mitch Zeller whining that he can no longer rig the system for his friends. (Unmentioned: Zeller was the architect of the ban on flavored vapes that now has the agency facing an epic defenestration. Cheer up, Mitch, you're about to make history!) Image
Read 9 tweets
Apr 27
It’s literally incredible. The world’s leading public health authority, @WHO, is now getting regularly lit up by @CommunityNotes for brazen and calculated deceits about nicotine vaping. Let’s take a close look.
THREAD 🪡 Image
There is a widely-held scientific consensus that vaping is vastly less harmful than smoking. Yet with zero supporting evidence, WHO flatly insists the opposite, with the clear intent to dissuade the public. Image
Not only is WHO's claim wrong—they themselves have said it's wrong. Among the more than 100 scholarly sources cited in this community, two are from the World Health Organization itself! Image
Read 38 tweets
Mar 30
Deceptive headline, half-truths and a whole lot of scaremongering. @USATODAY's @Mary_Walrath just wrote maybe the most irresponsible anti-vaping story we've ever seen. Let's do the fact-checking her editors should have done before publishing this train wreck. THREAD 🧵 Image
Reporting on a study from @EmoryRollins, Walrath's piece veered off the rails immediately with the headline. There isn't a shred of evidence (in the article, the study or anywhere else) to support the claim that vapor poses a risk "like secondhand smoke."
We invite USA Today and Emory to prove us wrong. They won't, because there is no evidence causally linking nicotine vapor to *any* disease. Walrath buried this critical fact in the 9th (!) paragraph of her story. Image
Read 13 tweets
Feb 7
🔎 This is horrendous. In a forum at @SMPAGWU yesterday (on misinformation!) @DrCaliff_FDA once again misleads Americans with the false notion that vaping is just as dangerous as smoking — thus deterring people from switching to a vastly safer alternative. 1/
Here's the verbatim remarks. Notice the false equivalence and the bunk gateway theory and how he lumps vaping in with lethal diseases -- even though vaping has injured or killed precisely no one and in fact saves lives. Image
Oh, more proactive you say? So far as we can tell, you haven’t lifted a finger to set the public record straight on what your own @FDAtobacco director says are widespread misperceptions about vaping.
Read 10 tweets

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