Archive for February, 2012

2012-02-29 RJR v FDA Order

Wednesday, February 29th, 2012

The PDF is Here
EXCERPT:
For the reasons set forth in Plaintiffs’ Memorandum of Law in Support of Plaintiffs’ Motion for Summary Judgment, and based on the Court’s review of both parties’ arguments and the agency record, it is this day of February, 2012 hereby
ORDERED that Plaintiffs’ Motion for Summary Judgment [Dkt. #101 is GRANTED; […]

2012-02-29 RJR v FDA Memorandum

Wednesday, February 29th, 2012

The PDF is Here
EXCERPT:
[P]laintiffs raised for the first time in our Circuit the question of whether the FDA’s new and mandatory graphic images, when combined with certain textual warnings on cigarette packaging, are unconstitutional under the First Amendment. . . .
( although the FDA conveniently refers to these graphic images as “graphic warnings,” […]

2012-02-29 RJR v FDA DOCKET

Wednesday, February 29th, 2012

U.S. District Court
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:11-cv-01482-RJL
R.J. REYNOLDS TOBACCO COMPANY et al v. UNITED STATES FOOD AND DRUG ADMINISTRATION et al
Assigned to: Judge Richard J. Leon
Case in other court: 11-05332
Cause: 05:0701 Maritime Subsidy Board
Date Filed: 08/16/2011
Date Terminated: 02/29/2012
Jury Demand: None
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: U.S. Government Defendant
Date […]

NOTICE by R.J. REYNOLDS TOBACCO COMPANY — $750 Deposit

Tuesday, February 14th, 2012

The PDF is Here
EXCERPT:
NOTICE
Defendant R.J. Reynolds Tobacco Company hereby gives notice that it has deposited its payment of $750,000 due by February 15, 2012 pursuant to Order #27-Remand into the Registry of the Court.
END EXCERPT

DOCKET for USA v. PHILIP MORRIS USA, et al Feb. 13, 2012

Monday, February 13th, 2012

Date Filed: 09/22/1999
Jury Demand: Both
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: U.S. Government Plaintiff
Date Filed # Docket Text
02/13/2012 DEPOSIT of Funds into the registry of the Court on February 13, 2012, in the amount $750,000.00, received from PHILIP MORRIS, USA INC., and ALTRIA GROUP INC.; Receipt Number 4616045997. (dr) (Entered: 02/13/2012)

RJR v. FDA Hearing Feb. 1, 2012–FDA chooses to demur

Thursday, February 2nd, 2012

BACKGROUND:
On Sept. 21, 2011, oral argument was held in the United States District Court in Washington on RJR, et.al.’s request for a preliminary injunction against the FDA’s Final Rule, which mandated graphic warning labels. The FDA had been given the power to change the labels by the 2009 Family Smoking Prevention and Tobacco Control Act […]

RJR v. FDA: PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND PERMANENT INJUNCTION [ORAL ARGUMENT REQUESTED] (Oct. 21, 2011)

Wednesday, February 1st, 2012

The PDF is Here
EXCERPT:
On June 22, 2011, the Food and Drug Administration (“FDA”) published a Final Rule implementing Section 201 of the Family Smoking Prevention and Tobacco Control Act . . . The Rule requires that Plaintiffs radically change all of their cigarette packaging and advertising to prominently display nine new textual warnings […]

RJR v. FDA: DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (Oct. 21, 2011)

Wednesday, February 1st, 2012

The PDF is Here
EXCERPT:
Only by ignoring the findings of Congress, the courts, and countless public health officials, can plaintiffs discount the compelling governmental interest in communicating health risks to consumers and potential consumers of their product—including the underage and often undereducated persons who constitute the bulk of their new clientele. And only by ignoring […]