Archive for November, 2016

FORSYTH v MPAA: PLAINTIFF’S MOTION FOR LEAVE TO FILE A POST-HEARING BRIEF, Nov 3, 2016

Thursday, November 3rd, 2016

The PDF is Here
EXCERPT:
1. At the hearing on October 28, counsel did not feel that the Court’s questions on the three subjects addressed in the attached proposed document were adequately dealt with by counsel at the time. The failing was the undersigned’s, but the consequences redound to the detriment of the proposed class.
2. The […]

DOCKET for FORSYTH v MPAA, Oct 11-Nov 3, 2016

Thursday, November 3rd, 2016

EXCERPT:
11/03/2016 56 MOTION for Leave to File a Post-Hearing Brief filed by Timothy Forsyth. (Attachments: # 1 Exhibit [Proposed] Post-Hearing Brief)
END EXCERPT

USA v PHILIP MORRIS, et. al. Appeal: Opinion for the Court filed by Circuit Judge TATEL, Nov 1, 2016

Thursday, November 3rd, 2016

The PDF is Here
EXCERPT:
Simply put, RJR cannot have it both ways. Either the remedial order imposes a double-ad requirement, in which case we have appellate jurisdiction but RJR has no excuse for its untimeliness, or the order is unclear, in which case we would lack jurisdiction to entertain this appeal.
Having failed to challenge its […]

NICOPURE v FDA: SUPPLEMENTAL MEMORANDUM to Respond to the Court’s October 26, 2016 by FDA, Nov 1, 2016

Wednesday, November 2nd, 2016

The PDF is Here
EXCERPT:
“[W]hat is it exactly that a manufacturer of a nicotine-free liquid is required to do to comply with the Rule . . . at this time?”
Perhaps nothing. Not all nicotine-free e-liquids (“NFLs”) are subject to the deeming rule. Assuming an NFL is not made or derived from tobacco, it is subject […]

NICOPURE v FDA: SUPPLEMENTAL MEMORANDUM re Minute Order by AMERICAN E-LIQUID MANUFACTURING STANDARDS ASSOCIATION, et. al. Nov 1, 2016

Wednesday, November 2nd, 2016

The PDF is Here
EXCERPT:
Pursuant to the Court’s October 26, 2016 order, Plaintiffs Nicopure Labs, LLC and the Right To Be Smoke-Free Coalition, et al. submit this memorandum concerning the ripeness of their challenge to FDA’s statutory authority to regulate e-liquids that do not contain nicotine and are not derived from tobacco (“Non-Tobacco E-liquids”).1 Plaintiffs’ […]

DOCKET for NICOPURE LABS v. FDA et al, Nov 1, 2016

Wednesday, November 2nd, 2016

EXCERPT:
MEMORANDUM re Order,,,,,,,,,,,,, Set Deadlines,,,,,,,,,,,, by AMERICAN E-LIQUID MANUFACTURING STANDARDS ASSOCIATION, AMERICAN VAPING ASSOCIATION, ELECTRONIC VAPING COALITION OF AMERICA, GEORGIA SMOKE FREE ASSOCIATION, KENTUCKY VAPING RETAILERS ASSOCIATION, INC., LOUISIANA VAPING ASSOCIATION, MARYLAND VAPE PROFESSIONALS, LLC, NEW JERSEY VAPOR RETAILERS COALITION, NICOPURE LABS, LLC, OHIO VAPOR TRADE ASSOCIATION, RIGHT TO BE SMOKE-FREE COALITION, TENNESSEE SMOKE FREE […]