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02/25/2011 1 COMPLAINT against LAWRENCE R. DEYTON, MARGARET A. HAMBURG, KATHLEEN SEBELIUS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION . . .
08/01/2012 44 MEMORANDUM ORDER, Ordered that defendants’ Motion to Dismiss 18 is DENIED; and it is further Ordered that defendants’ Motion to Dismiss Plaintiffs’ Fifth Cause of Action 37 […]
The PDF is Here
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Finally, based on the facts currently in the record, I find that the Menthol Report Subcommittee and its writing groups5 are advisory committees under FACA because they “were organized, managed, and funded by FDA, consisted only of TPSAC members, and performed” a major task of the committee: drafting the Menthol Report. […]
A surprisingly small crowd showed up at the DC courthouse to hear the government’s Appeal of U.S. District Judge Richard Leon’s Feb. 29 ruling striking down the FDA’s 9 proposed warning labels developed in accord with 2009’s Tobacco Control Act.
Campaign for Tobacco-Free Kids’ Matt Myers was there, as well as USA v. Philip Morris […]
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NOTICE OF APPEAL
All defendants (the United States Food and Drug Administration, Margaret Hamburg, and Kathleen Sebelius) appeal from the Court’s summary judgment order and accompanying memorandum of February 29, 2012, docket numbers 58 and 59. Appeal from this judgment includes any and all orders antecedent and ancillary thereto, including any and […]
Date Filed # Docket Text
03/05/2012 60 NOTICE OF APPEAL as to 59 Order on Motion for Summary Judgment,,,,,,, 58 Memorandum & Opinion by MARGARET A. HAMBURG, UNITED STATES FOOD AND DRUG ADMINISTRATION, KATHLEEN G. SEBELIUS. Fee Status: No Fee Paid. Parties have been notified. (Cutini, Drake) (Entered: 03/05/2012)
03/06/2012 61 Transmission of the Notice of Appeal, Order Appealed, and […]
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[P]laintiffs raised for the first time in our Circuit the question of whether the FDA’s new and mandatory graphic images, when combined with certain textual warnings on cigarette packaging, are unconstitutional under the First Amendment. . . .
( although the FDA conveniently refers to these graphic images as “graphic warnings,” […]
U.S. District Court
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:11-cv-01482-RJL
R.J. REYNOLDS TOBACCO COMPANY et al v. UNITED STATES FOOD AND DRUG ADMINISTRATION et al
Assigned to: Judge Richard J. Leon
Case in other court: 11-05332
Cause: 05:0701 Maritime Subsidy Board
Date Filed: 08/16/2011
Date Terminated: 02/29/2012
Jury Demand: None
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: U.S. Government Defendant
Date […]
BACKGROUND:
On Sept. 21, 2011, oral argument was held in the United States District Court in Washington on RJR, et.al.’s request for a preliminary injunction against the FDA’s Final Rule, which mandated graphic warning labels. The FDA had been given the power to change the labels by the 2009 Family Smoking Prevention and Tobacco Control Act […]
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On June 22, 2011, the Food and Drug Administration (“FDA”) published a Final Rule implementing Section 201 of the Family Smoking Prevention and Tobacco Control Act . . . The Rule requires that Plaintiffs radically change all of their cigarette packaging and advertising to prominently display nine new textual warnings […]
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Only by ignoring the findings of Congress, the courts, and countless public health officials, can plaintiffs discount the compelling governmental interest in communicating health risks to consumers and potential consumers of their product—including the underage and often undereducated persons who constitute the bulk of their new clientele. And only by ignoring […]