Archive for August, 2016

NICOPURE v FDA: Notice of Errata by Clive Bates and Fifteen others, Aug 8, 2016

Tuesday, August 9th, 2016

The PDF is Here
EXCERPT:
[Footnote 2]
The Amici are Philip Alcabes, Professor of Public Health College of Nursing and Public Health, Adelphi University, Garden City, New York; Edward Anselm MD, Assistant Professor of Medicine Icahn School of Medicine at Mount Sinai, New York. Senior Fellow, R Street Institute, Washington DC; Clive Bates (Lead author), Director Counterfactual. […]

NICOPURE v FDA: BRIEF OF AMICI CURIAE CLIVE BATES AND FIFTEEN OTHERS, Aug 8, 2016

Tuesday, August 9th, 2016

The PDF is Here
EXCERPT:
A. ENDS Are An Alternative Way To Use Nicotine With A Risk To Health That Is Unlikely To Exceed Five Percent Of The Risk Of Smoking And Is Likely To Be Substantially Lower Than That Figure. If ENDS Substitute For Smoking, There Are Important Public Health Gains That Could Be Jeopardized […]

DOCKET for NICOPURE LABS v. FDA et al, Aug 8, 2016

Tuesday, August 9th, 2016

EXCERPT:
08/08/2016 MINUTE ORDER granting Clive Bates’s unopposed 38 motion for leave to file an amicus brief. . . .
08/08/2016 41 AMICUS BRIEF by CLIVE BATES. (jf) (Entered: 08/09/2016)
END EXCERPT

NICOPURE v FDA: AMICUS BRIEF by NATIONAL CENTER FOR PUBLIC POLICY RESEARCH, TECHFREEDOM, Aug 5, 2016

Monday, August 8th, 2016

The PDF is Here
EXCERPT:
I. THE DEEMING RULE FAILS TO PROPERLY ANALYZE THE COSTS TO CONSUMERS THAT THE FDA ALLEGES IT IS PROTECTING AGAINST, AND CONFLICTS WITH CONGRESSIONAL INTENT OF THE ACT. . . .
A. The Deeming Rule Harms Smokers by Disincentivizing Use of an Emerging and Effective Alternative to Smoking Tobacco. . . .
B. […]

DOCKET for NICOPURE LABS v. FDA et al, Aug 4-5, 2016

Friday, August 5th, 2016

EXCERPT:
08/04/2016 37 AMICUS BRIEF by NATIONAL CENTER FOR PUBLIC POLICY RESEARCH, TECHFREEDOM. . . .
08/05/2016 MINUTE ORDER granting Vape a Vet Project’s 36 unopposed motion for leave to file an amicus brief. The Clerk of Court is directed to file the amicus brief, which is attached to the 36 motion, on the docket. SO ORDERED.
. […]

NICOPURE v. FDA: BRIEF OF AMICUS CURIAE SMOKE-FREE ALTERNATIVES TRADE ASSOCIATION IN SUPPORT OF PLAINTIFFS’ MOTIONS FOR SUMMARY JUDGMENT, Aug 2, 2016

Thursday, August 4th, 2016

The PDF is Here
EXCERPT:
ARGUMENT
FDA’S DEEMING RULE WILL FUNDAMENTALLY TRANSFORM AND DESTROY THE EXISTING SMALL- AND MICRO-BUSINESS DOMINATED VAPOR INDUSTRY
The “vapor industry” is really a collection of smaller segments. FDA has estimated that there are approximately 168 to 204 vapor equipment manufacturers in the U.S. market, though it admits (and SFATA agrees) that “the total […]

DOCKET for NICOPURE LABS v. FDA et al, Jul 29-Aug 3, 2016

Tuesday, August 2nd, 2016

EXCERPT:
08/02/2016 MINUTE ORDER. Five parties have filed motions for leave to appear as amicus curiae in support of plaintiffs in this action. The 24 unopposed motion for leave to file by TechFreedom and the National Center for Public Policy Research is GRANTED, and they shall file their amicus brief, which shall be no longer than […]

FORSYTH v MPAA: STIPULATION AND [PROPOSED] ORDER RE…MOTION TO STRIKE and HEARING DATE, July 29, 2016

Monday, August 1st, 2016

The PDF is Here
EXCERPT:
D. The parties met and conferred by telephone and email regarding these issues over several days, and agreed that Defendants’ deadline to file a Reply in support of their motion to strike and motion to dismiss should be September 15, 2016.
. . .
NOW, THEREFORE, the parties hereby stipulate that, subject […]