Premium cigar makers could catch a break from the FDA

[El Presidente]

 

This is quite mind blowing. 

Essentially the message is Nudge nudge, wink wink, "operate illegally and we won't look". 

How can you operate this way as a business?  

 

https://www.cnbc.com/2020/01/06/premium-cigar-makers-could-catch-a-break-from-fda-as-wh-applies-pressure.html

[TheGipper]

2 hours ago, El Presidente said:

Essentially the message is Nudge nudge, wink wink, "operate illegally and we won't look".

But is it really illegal if it's not explicitly stated in legislation and is merely an executive branch interpretation of ambiguities in the text of the law?

One might uncharitably phrase the prior executive branch's interpretation as "operate legally but we're going to look anyway".

[El Presidente]

21 minutes ago, TheGipper said:

But is it really illegal if it's not explicitly stated in legislation and is merely an executive branch interpretation of ambiguities in the text of the law?

One might uncharitably phrase the prior executive branch's interpretation as "operate legally but we're going to look anyway".

The risk being that as a business you leave yourself open to interpretation.....alas increased motivation to enforce spurred on by a future administrations.

Never forget. "It's all about the children" 

 

[Cairo]

As this process has moved forward there were many possible outcomes predicted by the "experts"--this was not one of them!

[TheGipper]

29 minutes ago, El Presidente said:

The risk being that as a business you leave yourself open to interpretation.....alas increased motivation to enforce spurred on by a future administrations

Yeah, it's nuts.  We even see regulatory droids uh, bureaucrats, I mean, regulatory inspectors in the financial industry give completely different answers from one exam to the next. One guy told us we could spam email the required privacy policy to our clients.  The next year, the new guy told us we had to junk mail physically send it, but clients could opt out of receiving it altogether.  The next year, yet another guy told us clients could not opt out of receiving it at all.

Meanwhile, I am sure absolutely every one of my clients either throws it in the trash without reading it, or thinks why are there sending me this nonsense privacy policy crap?  Ugh.

[Chibearsv]

3 hours ago, El Presidente said:

 

This is quite mind blowing. 

Essentially the message is Nudge nudge, wink wink, "operate illegally and we won't look". 

How can you operate this way as a business?  

I'm in the mortgage business and this sort of ambiguity in law and enforcement is very typical.  It would certainly be a lot easier to manage a business if laws were amended or repealed when found to be overbearing.  Unfortunately, these types of laws aren't repealed or amended nowadays, they are simply ignored until "necessary".  Everything's OK as long as no one gets hurt or complains too much.  The FDA will say that premium cigar makers are "lowest priority" right up until some stats come out that kids are smoking too many premium cigars, then watch out. 

[Habana Mike]

5 hours ago, Chibearsv said:

I'm in the mortgage business and this sort of ambiguity in law and enforcement is very typical.  It would certainly be a lot easier to manage a business if laws were amended or repealed when found to be overbearing.  Unfortunately, these types of laws aren't repealed or amended nowadays, they are simply ignored until "necessary".  Everything's OK as long as no one gets hurt or complains too much.  The FDA will say that premium cigar makers are "lowest priority" right up until some stats come out that kids are smoking too many premium cigars, then watch out. 

Exactly right. Too much ambiguity. 

We'll look the other way until we decide to come down on you!

[bpm32]

54 minutes ago, Habana Mike said:

Exactly right. Too much ambiguity. 

We'll look the other way until we decide to come down on you!

Not sure if other societies behave this way, but as far as I can tell selective enforcement has always been the name of the game in the US, some states more than others. There are personality types that thrive in the ambiguity, but I’ve always thought it was nuts.

[slowsmoke]

What a mess.  Par for the course.

[Rabbi]

On 1/6/2020 at 3:07 PM, El Presidente said:

 

This is quite mind blowing. 

Essentially the message is Nudge nudge, wink wink, "operate illegally and we won't look". 

How can you operate this way as a business?  

 

https://www.cnbc.com/2020/01/06/premium-cigar-makers-could-catch-a-break-from-fda-as-wh-applies-pressure.html

"A government powerful enough to give you everything that you want is powerful enough to take everything that you have." (Or words to that effect, I'm going from memory) John (or maybe Samuel) Adams.