Hello my fellow US E-Cigarette Suppliers. I would like you all to consider something that would benefit us all. As I’m sure you all are aware that the FDA has taken their first loss to SE/NJOY seriously. They are currently trying to figure out what to do about E-Cigarettes in general. I was told by the FDA Division of Import Operations (1-301-594-3853 John) that the FDA Headquarters in Washington DC is trying to figure out what to do and where to take the case. As it stands right now, they have instructions to release and allow import only for SE & NJOY, all other shipments are to be stopped and shipped back. This is bad for business for all of us, because SE/NJOY can quickly expand without fear of shipments being stopped. If they are stopped a quick copy of the court order would release their shipment and they can continue as if nothing ever happened until an appeal if there is one is decided by the judge. We all know that if the FDA Appeals, it is in SE/NJOY’s best interest to drag that out as long as they can since they won’t be stopped until the appeal is decided and won by the FDA.
The only way that we can all begin to order products without fear of the FDA/US Customs holding our shipments is to submit a FRCP Rule 24 Motion to Intervene just like NJOY did. In Lamens terms, that is where the facts of your case are very similar to this one and that you want to join them and the ruling would stand for everyone. I have talked to a lawyer about the case. He instructed me that it is expensive and not in my best interest to join the case by myself. He went on to say that it would be very wise for a large group of companies to hire a lawyer and join the case together and file a FRCP Rule 24 Motion to Intervene on behalf of all companies involved.
Here is what my plan is and I would like to know who is in and who is out. According to the way the FDA is handling the recent Court Order and only releasing and allowing Import of SE/NJOY, those who are not part of this lawsuit will not be granted release of their shipments and be allowed import into the country. You can if you wish continue to fly under the radar as many of us have been. However, I for one want to be able to order large quantities and not have to worry about it being seized. I strongly urge you to consider joining me and the few others, which has been coined the “Wolf Pack” that have agreed to at least listen to what our options are and how much it is estimated to cost. From there, once we know how many suppliers are interested, I can go to the layer and find out an estimate of how much it will cost and we can decide how much it will cost all of us. I will outline my plan below. Again, all I’m asking for at this point is if you are interested and finding out how many suppliers we can get into a group Motion to Intervene so we can determine the cost for us all. Please PM me in the Forum if you want to join the “Wolf Pack”.
The first step is to gather as many US Suppliers as possible to join the “Wolf Pack”. Once I get that number, I will contact the lawyer and find out how much they would charge to file the FRCP Rule 24 Motion to Intervene for all of us as a group of companies. Once I get that amount, I would set up a conference call or a thread to discuss the amount with everyone. From there we will see how many of us continue and how many of us drop out. The benefit of having more US Suppliers involved is that we would all split the amount equally for the lawyer. The more suppliers that drop out the more it will cost for everyone who stays.
Funding: We would take the amount provided to file the FRCP Rule 24 Motion to Intervene and all involved parties (Referenced here on out as the “Wolf Pack”) would split that amount up equally. I would set up a “Donation” button so that customers and ECF members can contribute to our cause. I would also ask you to put that “Donation” button on your home page as well. This is a good idea since hardly anyone on the forum uses SE/NJOY and they have a lot to gain if we file this as well. It would be either a monthly automatic contribution or they can do it once if they wish. So, I am hopeful to have the support of many members and take donations to assist us and lower the “Wolf Pack” cost for everyone involved.
Ongoing Funding: As you know that Filing the FRCP Rule 24 Motion to Intervene is only the first step and that there will be some ongoing expense should the court require further information from the “wolf Pack”. This would also be split amongst the “Wolf Pack” and from Donations.
Funding Tracking: I will set up a new account, so that every penny in donations and “Wolf Pack” fees are accounted for. You will get copies of all attorney charges and filing fees. Every expense and money received will be accounted for and tracked so there will not be any issues. You will know what has been billed, what has been spent and what is in the account at all times. Furthermore, there will be signed agreements as to where the money is being spent so that it all goes to where it is supposed to. I will not be paid for doing any of this either. I just want my products I ordered and the ability to order without shipment siezures like all other suppliers. My part is the same as everone elses and would pay the same amount as everyone else too.
“Wolf Pack” Agreement: There will be a signed Agreement with a notary for both parties agreeing how the money is to be paid in. How it is to be applied to the lawyer bill and all other lawsuit expenses. Also, it will outline or mutual understandings of what we are trying to accomplish. This will be the same agreement for everyone and it will need to be signed before we do anything and before any money is taken.
Lawyer Agreement: There will be an agreement between you and the lawyer saying that you agree to pay your percentage of the total bill, if the “Wolf Pack” funds are not enough to cover all costs. Since I will be the main contact, I don’t want to be responsible for your share should you decide not to pay your portion.
Confidentiality Agreement: There will be a confidentiality Agreement with myself and all parties. This is imperative because if it requires us to know who you get your products from or any other business related information and submit to the court, I want everyone to feel comfortable about that. I will not ask for this unless the court does or the lawyer requests it and then you will see it come from them, not me. I just want everyone to be covered and be confident that this will be handled the right way and that all parties’ information will be kept confidential unless submitted to the court.
The Lawyer: I have a lawyer who does National cases and is experience in cases similar to this. However, he advised that we first contact the other two parties and see if the same firm would represent us. I doubt they would since it is not in their best interest for their current client. However, it would be the cheapest route as the lawyer would be very much knowledgeable in this case and we wouldn’t have to pay for them to get caught up to speed. If they say no, which I expect them too, we can use my lawyer. I would provide information about him and references so that everyone knows about him before you join, should we go that route.
Updated information: I would first send an email to everyone about all conversations I will have with the lawyer. Then there will be a thread for this case and it will then be posted there. I’d like all parties involved to first find out from me, before anyone else does. So, you would get an email first. It is in our best interest to stay committed to the forum and make this case (our portion) very public in the forum. This will make those involved stand out as participants and show those of us that are serious about our businesses. This will separate the part time suppliers from the businessmen and women.
I strongly urge you to consider this as this is the best shot that we all have to continue or business long term and without fear from the FDA and US Customs seizures. I am not asking for money at this point; just simply want to know how many of you would be interested. Currently I have gotten four suppliers including myself that are interested. Please PM me if you want to join the “Wolf Pack”. My name on the www.e-cigarette-forum.com is “Adam”. Otherwise you can leave a comment leaving your domain name, your contact info and I will mark you down as interested. I am leaving this open until Friday January 29th 2010.