CAA v FDA: MEMORANDUM OPINION re Intervenors, Oct 16, 2017

October 19, 2017 5:15 am by Gene Borio

The PDF is Here

EXCERPT:

the court concludes that Proposed Intervenors have not established that they would suffer a legally sufficient injury-in-fact if Plaintiffs were to prevail in this litigation. Therefore, they lack standing to intervene as of right, and the court declines to allow Proposed Intervenors to intervene permissively. Accordingly, the court denies Proposed Intervenors’ Motion to Intervene.


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DOCKET CAA v FDA Oct, 2017

October 18, 2017 8:23 pm by Gene Borio

EXCERPT:

10/12/2017 67  AMICUS BRIEF by CAUSE OF ACTION INSTITUTE. (znmw) (Entered: 10/13/2017)

10/16/2017 68  MEMORANDUM OPINION re: 36 Proposed Intervenors’ Motion to Intervene. Signed by Judge Amit P. Mehta on 10/16/2017. (lcapm3) (Entered: 10/16/2017)

10/16/2017 69  ORDER. For the reasons stated in 68 the court’s Memorandum Opinion, the court denies 36 Proposed Intervenors’ Motion to Intervene. See attached Order for additional details. Signed by Judge Amit P. Mehta on 10/16/2017. (lcapm3) (Entered: 10/16/2017)

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USA v PHILIP MORRIS, et. al. DOCKET 12/27/16-10/5/17

October 6, 2017 12:01 am by Gene Borio

EXCERPT:

10/04/2017 6226 ORDER granting 6225 the consent motion for scheduling order; the parties shall submit an agreed upon (proposed) superseding consent order for websites and onserts on or before October 23, 2017. Signed by Judge Paul L. Friedman on October 4, 2017. (MA) (Entered: 10/04/2017)

10/04/2017 Set/Reset Deadlines: Proposed superseding consent order due by 10/23/2017. (tj) (Entered: 10/04/2017)

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USA v PHILIP MORRIS, et. al. #6227: ORDER #[72] -Remand: SECOND SUPERSEDING CONSENT ORDER IMPLEMENTING THE CORRECTIVE STATEMENTS

October 5, 2017 11:52 pm by Gene Borio

The PDF is Here

EXCERPT:

The corrective statements remedy under Order #1015…is hereby MODIFIED as set forth below:

PART 1: REVISED TEXT FOR CORRECTIVE STATEMENTS

As required by the Court of Appeals in United States v. Philip Morris USA, Inc., 80I F.3d 250… and the memorandum opinions accompanying Order #62-Remand and Order #67- Remand, the text of the Corrective Statements shall be as follows for Altria, R.J. Reynolds Tobacco, Lorillard, and Philip Morris USA:

A. Adverse Health Effects of Smoking

A Federal Court has ordered Altria, R.J. Reynolds Tobacco, Lorillard, and Philip Morris USA1 to make this statement about the health effects of smoking.

• Smoking kills, on average, I :200 Americans. Every day.

• More people die every year from smoking than from murder, AIDS, suicide, drugs, car crashes, and alcohol, combined.

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USA v PHILIP MORRIS, et. al. #6223-6: (Proposed) ORDER # ___ -Remand SECOND SUPERSEDING CONSENT ORDER IMPLEMENTING THE CORRECTIVE STATEMENTS REMEDY FOR NEWSPAPERS AND TELEVISION

October 3, 2017 11:56 am by Gene Borio

The PDF is Here

EXCERPT:

Upon consideration of the Consent Motion for Entry of Second Superseding Consent Order Implementing the Corrective Statements Remedy for Newspapers and Television, and the entire record herein, it is hereby ORDERED that:

The corrective statements remedy under Order #1015 (Dkt. No. 5733; issued Aug. 17, 2006), published as United States v. Philip Morris USA Inc., 449 F. Supp. 2d 1, 938-41 (D.D.C. 2006), aff’d in part & vacated in part, 566 F.3d 1095 (D.C. Cir. 2009) (per curiam), cert. denied, 561 U.S. 1025 (2010), is hereby MODIFIED as set forth below:

PART 1: REVISED TEXT FOR CORRECTIVE STATEMENTS

As required by the Court of Appeals in United States v. Philip Morris USA, Inc., 801 F.3d 250 (D.C. Cir. 2015), and United States v. Philip Morris USA Inc., 855 F.3d 321 (D.C. Cir.2017), and the memorandum opinions accompanying Order #62-Remand and Order #67Remand, the text of the Corrective Statements shall be as follows for Altria, R.J. Reynolds Tobacco, Lorillard, and Philip Morris USA:

A. Adverse Health Effects of Smoking

A Federal Court has ordered Altria, R.J. Reynolds Tobacco, Lorillard, and Philip Morris USA1 to make this statement about the health effects of smoking.

• Smoking kills, on average, 1,200 Americans. Every day.

• More people die every year from smoking than from murder, AIDS, suicide, drugs, car crashes, and alcohol, combined.

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USA v PHILIP MORRIS, et. al. #6225: CONSENT MOTION FOR SCHEDULING ORDER AND JOINT STATUS REPORT REGARDING CORRECTIVE STATEMENTS

October 3, 2017 11:11 am by Gene Borio

The PDF is Here

EXCERPT:

On this day, the parties are submitting a motion for entry of a proposed consent order regarding implementation of the corrective statements remedy for newspapers and television. That proposed consent order also incorporates the English and Spanish text for all executions (newspapers, television, websites, and onserts).

The parties continue to move forward toward the implementation of the corrective statements remedy in two other media channels, websites and onserts. As reported July 11, 2017, August 11, 2017, and September 11, 2017, the parties have made significant progress

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USA v PHILIP MORRIS, et. al. #6223: CONSENT MOTION FOR ENTRY OF SECOND SUPERSEDING CONSENT ORDER IMPLEMENTING THE CORRECTIVE STATEMENTS…

October 3, 2017 11:04 am by Gene Borio

The PDF is Here

EXCERPT:

By contrast, the present (proposed) Newspaper and TV Consent Order provides that if the Court adopts the (proposed) Newspaper and TV Order without modification, then the tobacco companies will not challenge that Order on appeal, and the specific implementation executions for newspapers and television will commence on the schedule specified in that Order. . . . The paragraph goes on to provide that if the District Court should modify any term or requirement, no party waives or abandons any appeal or appellate rights or argument, and the parties reserve the right to seek different requirements than those stated in the (proposed) Newspaper and TV Consent Order. Id.

The parties respectfully request the Court’s prompt review of the (proposed) Newspaper and TV Consent Order, and—if the Court finds it acceptable—prompt entry as an Order, no later than Friday, October 13, 2017.

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Judge Kessler Drops Out of DOJ Case

September 21, 2017 9:00 am by Gene Borio

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EXCERPT:

The above-entitled case was reassigned on 8/29/2017 from Judge Gladys Kessler to Judge Paul L. Friedman by direction of the Calendar Committee.

(Case Transferred by Consent)

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USA v PHILIP MORRIS, et. al.: ORDER# 68 - REMAND, Jul 25, 2017

August 1, 2017 5:51 pm by Gene Borio

The PDF is Here

EXCERPT:

After considering the parties’ joint filing dated July 11, 2017, and the entire record in this case, it is hereby

ORDERED that the parties shall apply their best efforts, by August 11, 2017, to submit an agreed upon (Proposed) Second Superseding Consent Order, or to provide a further status report to the Court outlining the status of finalizing mockups and any other remaining issues concerning the implementation of the corrective-statements remedy in these media channels. It is further

ORDERED that Defendants’ and the Remedies Parties’ comments on the topic description to be incorporated into the preamble to Statement C (light/low-tar) that this Court ordered (at pages 5-7 of the Memorandum Opinion (Dkt. No. 6209)) accompanying Order #67-Remand), are

_________ CREDITED, such that Order #67-Remand and its accompanying Memorandum Opinion are hereby AMENDED to substitute “this statement about the harmfulness of low tar and light cigarettes” in place of “this statement about low tar and light cigarettes being as harmful as regular cigarettes” in Statement C.

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√ ________DISREGARDED, such that the language of Statement C will remain as the Court previously ordered in Order #67-Remand and its accompanying Memorandum Opinion.

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DOCKET for USA v PHILIP MORRIS, et. al., Jul 11-25, 2017

August 1, 2017 5:32 pm by Gene Borio

07/11/2017 6211 Joint STATUS REPORT Regarding Corrective Statements by ALTRIA GROUP, INC., PHILIP MORRIS USA INC.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Agneshwar, Anand) (Entered: 07/11/2017)

07/25/2017 6212 ORDER #68-Remand: It is ordered that the parties shall apply their best efforts, by August 11, 2017, to submit an agreed upon (Proposed) Second Superseding Consent Order, or to provide a further Status Report to the Court outlining the status of finalizing mockups and any other remaining issues concerning the implementation of the corrective-statements remedy in these media channels; it is further ordered that Defendants’ and Remedies Parties’ comments on the topic description to be incorporated into the preamble to Statement C (light/low-tar) that this Court ordered at pages 5-7 of the Memorandum Opinion at Dkt. No. 6209, accompanying Order #67-Remand) are DISREGARDED, such that the language of Statement C will remain as the Court previously ordered in Order #67-Remand and its accompanying Memorandum Opinion. Signed by Judge Gladys Kessler on 7/25/17. (CL) (Entered: 07/25/2017)