Archive for the 'FDA Suit' Category

CAA v FDA: MEMORANDUM OPINION re Intervenors, Oct 16, 2017

Thursday, October 19th, 2017

The PDF is Here
EXCERPT:
the court concludes that Proposed Intervenors have not established that they would suffer a legally sufficient injury-in-fact if Plaintiffs were to prevail in this litigation. Therefore, they lack standing to intervene as of right, and the court declines to allow Proposed Intervenors to intervene permissively. Accordingly, the court denies Proposed Intervenors’ […]

DOCKET CAA v FDA Oct, 2017

Wednesday, October 18th, 2017

EXCERPT:
10/12/2017 67  AMICUS BRIEF by CAUSE OF ACTION INSTITUTE. (znmw) (Entered: 10/13/2017)
10/16/2017 68  MEMORANDUM OPINION re: 36 Proposed Intervenors’ Motion to Intervene. Signed by Judge Amit P. Mehta on 10/16/2017. (lcapm3) (Entered: 10/16/2017)
10/16/2017 69  ORDER. For the reasons stated in 68 the court’s Memorandum Opinion, the court denies 36 Proposed Intervenors’ Motion to Intervene. See attached Order for additional details. Signed by Judge Amit P. Mehta on […]

NICOPURE v. FDA: NOTICE (Joint) by SYLVIA MATHEWS BURWELL, ROBERT CALIFF, FOOD AND DRUG ADMINISTRATION, Jun 8, 2017

Tuesday, June 13th, 2017

The PDF is Here
EXCERPT:
The parties respectfully notify the Court that the Food and Drug Administration (“FDA”) has announced that it is deferring enforcement of all future compliance deadlines under the Deeming Rule for three months . . .
Plaintiff Nicopure Labs, LLC believes that this deferral is not a reason for the Court to […]

CIGAR ASSOCIATION OF AMERICA, et al. v FDA: NOTICE OF AMICUS CURIAE CAMPAIGN FOR TOBACCO-FREE KIDS IN RESPONSE TO THE COURT’S NOTICE TO PARTIES

Wednesday, April 5th, 2017

The PDF is Here
NOTICE OF AMICUS CURIAE CAMPAIGN FOR TOBACCO-FREE KIDS IN RESPONSE TO THE COURT’S NOTICE TO PARTIES
EXCERPT:
Lawyers with the law firm, Zuckerman Spaeder LLP, have been representing Tobacco-Free Kids and other public health and medical organizations in connection with amicus curiae briefs either filed, or to be filed, in various lawsuits […]

CIGAR ASSOCIATION OF AMERICA, et al. v FDA: NOTICE TO PARTIES, Apr 3, 2017

Monday, April 3rd, 2017

The PDF is Here
EXCERPT:
I hereby provide notice to the parties that my former law firm, Zuckerman Spaeder LLP, has, from time to time, and still may, represent the Campaign for Tobacco-Free Kids (“CTFK”). When I was a lawyer at the firm, I did not work on any matter on behalf of CTFK. Additionally, my […]

CIGAR ASSOCIATION OF AMERICA, et al. v FDA: BRIEF OF AMICUS CURIAE CAUSE OF ACTION INSTITUTE, Apr 3, 2017

Monday, April 3rd, 2017

The PDF is Here
EXCERPT:
To Those Courageous Men And Women Who Came To This Country In Search Of Personal Freedom, Economic Opportunity And A Future Of Hope For their Families
These words, etched on the Immigrant Statue in historic Ybor City, ring hollow in the face of regulatory onslaught by the Food and Drug Administration’s (“FDA”) […]

DOCKET for CIGAR ASSOCIATION v FDA, Apr 3-5, 2017

Monday, April 3rd, 2017

Date Filed # Docket Text
04/03/2017 29 MOTION for Leave to File by Campaign for Tobacco-Free Kids (Greenwold, Mark) (Entered: 04/03/2017)
04/03/2017 MINUTE ORDER granting 23 Cause of Action Institute’s Motion for Leave to File Brief as Amicus Curiae. Signed by Judge Amit P. Mehta on 04/03/2017. (lcapm3) (Entered: 04/03/2017)
04/03/2017 30 ORDER granting 29 Unopposed Motion of Campaign for Tobacco-Free Kids […]

DOCKET for CIGAR ASSOCIATION v FDA, Feb 21-Mar 22, 2017

Wednesday, March 22nd, 2017

EXCERPT:
MINUTE ORDER granting 27 the parties’ Joint Motion to Amend Scheduling Order. The revised schedule is as follows: Defendants’ Opposition to Plaintiffs’ Motion for Summary Judgment and Cross-Motion for Summary Judgment shall be filed on or before May 1, 2017; briefs of any amici granted leave to file in support of Defendants shall be filed […]

CIGAR ASSOCIATION OF AMERICA, et al. v FDA: BRIEF OF THE STATES OF AZ, LA, MI AND TX AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS, Feb 21, 2016

Friday, March 17th, 2017

The PDF is Here
EXCERPT:
First, the FDA failed to provide an adequate cost-benefit analysis determining that the benefits of deeming premium cigars to be regulated tobacco products outweigh the undeniably severe costs, particularly to thousands of small businesses. In doing so, the agency ignored the principles that Congress set for balancing the costs of regulation […]

CIGAR ASSOCIATION OF AMERICA, et al. v FDA: PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT, Feb 13, 2017

Wednesday, February 15th, 2017

The PDF is Here
EXCERPT:
For these reasons and those set out in the accompanying Memorandum of Law, Plaintiffs request that the Court grant their motion for summary judgment on all claims and: (1) vacate and set aside the Deeming Rule; (2) vacate and set aside the User Fee Rule; (3) declare that the User Fee […]