Archive for the 'Court Filings' Category

NICOPURE v FDA: Brief of Amici Curiae Public Health Organizations, Aug 19, 2016

Tuesday, August 23rd, 2016

The PDF is Here
EXCERPT:
This brief is focused on a single issue that amici are particularly well-suited to address: whether the Deeming Rule advances the public health. The answer is indisputably yes.
Absent the Deeming Rule, the e-cigarette industry will continue to be the “Wild West.“ Currently, hundreds if not thousands of companies market many thousands […]

DOCKET for NICOPURE LABS v. FDA et al, Aug 19-24, 2016

Tuesday, August 23rd, 2016

Date Filed # Docket Text
08/19/2016 45 AMICUS BRIEF by CAMPAIGN FOR TOBACCO-FREE KIDS, AMERICAN ACADEMY OF PEDIATRICS, AMERICAN CANCER SOCIETY CANCER ACTION NETWORK, AMERICAN HEART ASSOCIATION, AMERICAN LUNG ASSOCAITION, AMERICAN THORACIC SOCIETY, TOBACCO CONTROL LEGAL CONSORTIUM, TRUTH INITIATIVE. (Angulo, Carlos) Modified text on 8/19/2016 (td). Modified to add filers on 8/22/2016 (znmw). (Entered: 08/19/2016)
08/22/2016 MINUTE ORDER. The Clerk […]

NICOPURE v FDA: DEFENDANTS’ CROSS-MOTION FOR SUMMARY JUDGMENT, Aug 17, 2016

Thursday, August 18th, 2016

The PDF is Here
EXCERPT:
Plaintiffs acknowledge none of these risks. Their briefs give no inkling that nicotine is highly addictive, that e-liquids often contain toxic chemicals, or that e-cigarettes can explode. Instead, Plaintiffs contend that e-cigarettes should not be regulated at all, because they are generally “safer” than conventional cigarettes—one of the deadliest products ever […]

DOCKET for NICOPURE LABS v. FDA et al, Aug 17, 2016

Thursday, August 18th, 2016

EXCERPT:
08/17/2016 43 Memorandum in opposition to re 21 MOTION for Summary Judgment , 20 MOTION for Summary Judgment filed by SYLVIA MATHEWS BURWELL, ROBERT CALIFF, FOOD AND DRUG ADMINISTRATION. (znmw) (Entered: 08/18/2016)
08/17/2016 44 MOTION for Summary Judgment by SYLVIA MATHEWS BURWELL, ROBERT CALIFF, FOOD AND DRUG ADMINISTRATION. (See Docket Entry 43 to view document). (znmw) (Entered: 08/18/2016)
END […]

PHILIP MORRIS v FDA: MEMORANDUM OPINION, Aug 16, 2016

Wednesday, August 17th, 2016

The PDF is Here
EXCERPT:
Having concluded that one part of the Second SE Guidance—the labeling-change interpretation—conflicts with the TCA, but the other part—the quantity-change interpretation— does not, a question arises as to the proper remedy. “Whether an administrative agency’s order or regulation is severable, permitting a court to affirm it in part and reverse it […]

DOCKET FOR PHILIP MORRIS USA INC. et al v. FDA, Aug 16, 2016

Wednesday, August 17th, 2016

EXCERPT:
08/16/2016 43 MEMORANDUM OPINION re: 21 Plaintiffs’ Motion for Summary Judgment, and 29 Defendants’ Motion to Dismiss, or in the Alternative, for Summary Judgment. Signed by Judge Amit P. Mehta on 08/16/2016. (lcapm1) (Entered: 08/16/2016)
08/16/2016 44 ORDER. The court (1) denies 29 Defendants’ Motion to Dismiss, (2) grants in part and denies in part 29 Defendants’ Motion […]

FORSYTH v MPAA: STIPULATION AND ORDER, Aug 9, 2016

Tuesday, August 9th, 2016

The PDF is Here
EXCERPT:
1. Defendants’ special motion to strike Plaintiff’s action pursuant to California’s anti- SLAPP statute, in Code of Civil Procedure § 425.16, and Defendant’s motion to dismiss Plaintiff’s action pursuant to Federal Rule of Civil Procedure 12(b)(6), will be heard on October 27, 2016, at 13 1:30 p.m.;
2. Defendants’ Reply brief(s) is […]

DOCKET for FORSYTH v MPAA, Aug 9, 2016

Tuesday, August 9th, 2016

EXCERPT:
08/09/2016 47 STIPULATION AND ORDER Re: Defendants’ Reply in support of special motion to strike plaintiffs’ action pursuant to California’s Anti-Slapp statute and motion to dismiss, and hearing date for special motion to strike. . . .
08/09/2016 Reset Motion Hearing Re: [#31 and #33] Motion Hearing set for 10/27/2016 at 01:30 PM in Courtroom 3, […]

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 […]