I'm unsure if the members of ECITA would even want to be involved in a legal challenge.
If and when it's required ECITA members will 100% be funding and mounting a legal challenge.
There are big companies in ECITA with a lot to lose and they aren't going to bend over and take an illegal law crimping their sales figures.
We're alright. (Jack) The vapers that read these forums, who already use generation 3 devices, who know who to ask to find out where to get "stuff" like nic base or larger tanks or whatever to get around any new law.
We don't really matter to the like of E-Lites say who are going to putting up lots of the funding as we don't buy any of their product. There are thousands and thousands of potential vapers out there currently smoking who will and a restriction on the strength is going to severely dent the effectiveness of cig-a-like devices which means less smokers will find them effective so less new vapers switch.
Big T are going after this market segment (cig-a-likes) not cos they want to make things that resemble their current products, but because that is where the Big Money is right now. If collectively ECITA members pony up a few tens of millions for a legal fund (and you'd better believe they can get that capital) it's dwarfed by the potential returns in a couple of years.
It's good business to fight bad laws that severely damage your business interests. It's actually pretty freaking stupid not to fight them.
I am still hugely optimistic about the long term future for e-cigs.
I very firmly believe that you cannot stop progress, and that e-cigs are en evolution of smoking into something much better. The Powers That Be missed the boat. Too many people use them now and daily more and more people make the switch and discover for themselves. National supermarkets sell them, pharmacies are starting to sell them, the internet is awash with them, you see them in petrol stations, it's only a matter of time before gen 2 stuff starts making it's way onto mainstream shelves.
Vaping has got some serious inertia behind it now. "Public Health" is funding study after study trying to find something, anything that points to them being bad for you so they can make a big noise about it. Every study to date with minor exceptions shows the opposite and science done for sciences sake that's getting published in peer reviewed science journals continues to stack up.
There are people like Robert West behind e-cigs, people like Dr. Murray Laugesen, names that carry a lot of weight getting behind and publishing solid science on e-cigs.
In the long term article 18 is irrelevant. If it passes it'll get reviewed in 2 years and put right, or it'll get thrown out by the courts if it gets that far.
It would be much better for all concerned to bin it now and write e-cig regs properly than to go through all of that but as someone famous once said:
"it is difficult to get someone to understand something, when their salary depends upon them not understanding it"