DOCKET for NICOPURE LABS, LLC v. FDA et al, Jun 21-23, 2016

June 23, 2016 5:03 pm by Gene Borio

EXCERPT:

MINUTE ORDER. Two cases filed in this Court, Right to be Smoke-Free Coalition v. FDA, No. 16-cv-1210, and Nicopure Labs, LLC v. FDA, No. 16-cv-878, challenge the FDA’s final rule “Deeming Tobacco Products to Be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; Restrictions on the Sale and Distribution of Tobacco Products and Required Warning Statements for Tobacco Products,” No. FDA-2014-N-0189, 81 Fed. Reg. 28,973 (May 10, 2016). While Right to Be Smoke-Free brings some new claims, both cases allege that the Deeming Rule is arbitrary and capricious in violation of the Administrative Procedure Act, 5 U.S.C. § 500 et. seq., and both claim that the regulation unlawfully infringes upon plaintiffs’ First Amendment rights. In light of the common questions of law and fact in these two cases, the Court believes that Federal Rule of Civil Procedure 42(a) is applicable. Any party who objects to consolidation under Rule 42(a)(2) or any other form of joint treatment under Rule 42(a)(1) must notify the Court by June 22, 2016, and provide the reasons for its objection. If any party wishes to propose a procedure or revised schedule for the Court’s consideration, the proposal must be submitted by the same date. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/21/2016. (lcabj3) (Entered: 06/21/2016)

END EXCERPT

FULL TEXT:

NICOPURE LABS, LLC v. FOOD AND DRUG ADMINISTRATION et al

Assigned to: Judge Amy Berman Jackson

Case: 1:16-cv-01210-ABJ

Cause: 05:551 Administrative Procedure Act

Date Filed: 05/10/2016

Jury Demand: None

Nature of Suit: 899 Administrative Procedure Act/Review or Appeal of Agency Decision

Jurisdiction: U.S. Government Defendant

Date Filed # Docket Text

06/21/2016 MINUTE ORDER. Two cases filed in this Court, Right to be Smoke-Free Coalition v. FDA, No. 16-cv-1210, and Nicopure Labs, LLC v. FDA, No. 16-cv-878, challenge the FDA’s final rule “Deeming Tobacco Products to Be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; Restrictions on the Sale and Distribution of Tobacco Products and Required Warning Statements for Tobacco Products,” No. FDA-2014-N-0189, 81 Fed. Reg. 28,973 (May 10, 2016). While Right to Be Smoke-Free brings some new claims, both cases allege that the Deeming Rule is arbitrary and capricious in violation of the Administrative Procedure Act, 5 U.S.C. § 500 et. seq., and both claim that the regulation unlawfully infringes upon plaintiffs’ First Amendment rights. In light of the common questions of law and fact in these two cases, the Court believes that Federal Rule of Civil Procedure 42(a) is applicable. Any party who objects to consolidation under Rule 42(a)(2) or any other form of joint treatment under Rule 42(a)(1) must notify the Court by June 22, 2016, and provide the reasons for its objection. If any party wishes to propose a procedure or revised schedule for the Court’s consideration, the proposal must be submitted by the same date. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/21/2016. (lcabj3) (Entered: 06/21/2016)

06/21/2016 Set/Reset Deadlines: Any party who objects to consolidation under Rule 42(a)(2) or any other form of joint treatment under Rule 42(a)(1) must notify the Court by 6/22/2016, and provide the reasons for its objection. If any party wishes to propose a procedure or revised schedule for the Court’s consideration, the proposal must be submitted by the same date. (jth) (Entered: 06/22/2016)

06/22/2016 17 Joint MOTION for Extension of Time to Respond to the Court’s June 21, 2016, Minute Order by SYLVIA MATHEWS BURWELL, ROBERT CALIFF, FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) (Entered: 06/22/2016)

06/23/2016 MINUTE ORDER granting the parties’ (17) consent motion for an extension of time in case 1:16-cv-00878-ABJ, and granting the parties (6) consent motion for an extension of time in case 1:16-cv-01210-ABJ. The parties shall submit their views on consolidation and on whether the briefing schedule should be amended by June 23, 2016. See Min. Order (June 21, 2016). SO ORDERED. Signed by Judge Amy Berman Jackson on 6/23/2016. (lcabj3) (Entered: 06/23/2016)

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