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Headlines Tagged with FDASuit 429 headlines found

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R.J. REYNOLDS TOBACCO COMPANY v. FOOD & DRUG ADMINISTRATION, et al.: APPELLANTS’ PETITION FOR REHEARING AND REHEARING EN BANC

this case presents a question of exceptional importance. The majority’s reasoning is wrong and it conflicts with the Sixth Circuit’s analysis of graphics in Discount Tobacco. We respectfully submit that the case should be reheard en banc.
Law360
added Oct 10, 2012 15:54
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DC Circ. Finds Tobacco Graphic Warnings Unconstitutional ($$)

A three-judge panel ruled in a 2-1 decision that the FDA did not present any data to the court that demonstrated the warnings would reduce smoking rates, the agency's stated goal for the initiative.
Law360
added Aug 24, 2012 15:47
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Court Ruling Against Cigarette Warnings is Wrong on the Science and Law and Should be Appealed

The Justice Department should quickly appeal today's ruling by the U.S. Court of Appeals for the D.C. Circuit that struck down the large, graphic cigarette warnings required by the landmark 2009 law giving the FDA authority over tobacco products. Today's
Campaign for Tobacco-Free Kids (CTFK)
added Aug 24, 2012 15:02
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AMERICAN ACADEMY OF PEDIATRICS, et al., v. FDA: MEMORANDUM IN SUPPORT OF PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT (PDF)

But the new policy announced in the Guidance allows whole classes of the very products that are creating and sustaining this epidemic to remain on the market for years without the public-health review mandated by Congress. This Court should vacate the
Keller and Heckman LLP
added Aug 3, 2018 17:52
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Wave Of FDA Suits Awaits If Kavanaugh Helps Trim Chevron

shines a spotlight on his distaste for so-called Chevron deference, which requires courts to accept reasonable agency interpretations of ambiguous federal laws. The issue is particularly salient in the context of FDA policy decisions, which often involve
Law360
added Jul 11, 2018 19:00
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CIGAR ASSOCIATION OF AMERICA, et al., Plaintiffs, v. [FDA], et al., Defendants: MEMORANDUM OPINION (PDF)

this court believes that Plaintiffs are entitled to a full hearing before an appellate court without the specter of a warnings regime going into effect that might ultimately be found to run afoul of the First Amendment. Accordingly, the court enjoins De
HalfWheel
added Jul 8, 2018 02:01
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FDA Tells D.C. Circuit: Deeming Rule Within Agency’s Discretion ($$)

federal judge did not err in rejecting assertions by an e-cigarette manufacturer that the [FDA] should have taken a different approach to the premarket review of new e-cigarettes... in a May 2 brief (Nicopure Labs LLC v. U.S. Food and Drug Administration,
Lexis Nexis
added May 9, 2018 14:20
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FDA Fights Challenges To E-Cig Regulations In DC Circ. ($$)

defended its regulation of electronic cigarettes under the scope of the Tobacco Control Act, telling the D.C. Circuit that it’s not unconstitutional to require such products to be reviewed before hitting the market. Under the agency's 2016 rule for modif
Law360
added May 6, 2018 18:06
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Cigar News: Texas Cigar Groups Petition Court to Throw Out Warning Label Requirements while FDA Seeks to Combine Cases

the Texas Group believes they are entitled to a preliminary injunction against the enforcement of the FDA’s regulations on Warning Labels. The group points out: “Plaintiffs already have begun to incur significant compliance costs, which will only mount
Cigar Coop
added Apr 6, 2018 19:09
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CIGAR ASSOCIATION OF AMERICA v. FDA: REPLY IN SUPPORT OF DEFENDANTS‘ CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT, Dec 4, 2017

Plaintiffs neither dispute that their cigar and pipe tobacco products pose significant risks to human health, nor deny that the warning labels at issue are entirely accurate. Those disclosures are fully consistent with the First Amendment, regardless of t
Tobacco On Trial
added Mar 18, 2018 02:07
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