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Headlines Tagged with FDASuit 429 headlines found

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NJOY Joins Fight To Have Unfair FDA Rules Overturned

asked a court to reverse a lower court's decision that blocks e-cigarette companies from truthfully describing their products to consumers, on the grounds that it violates the First Amendment of the U.S. Constitution and prevents the public from obtaining
PR Newswire
added Feb 24, 2018 14:04
3 Views

DC Circuit Urged To Knock Down FDA E-Cig Rule ($$)

a challenge brought by manufacturer Nicopure LLC and trade group The Right to Be Smoke-Free Coalition. Consumer advocates, an e-cigarette maker, the state of Iowa, a nonprofit law center and a host of public policy experts on Tuesday told the court that
Law360
added Feb 22, 2018 18:02
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NICOPURE LABS, LLC, RIGHT TO BE SMOKE FREE COALITION, Plaintiffs-Appellants, v. FOOD AND DRUG ADMINISTRATION, et al., Defendants Appellees: BRIEF OF THE CONSUMER ADVOCATES FOR SMOKE-FREE ALTERNATIVES ASSOCIATION (PDF)

CASAA submits this amicus curiae brief in order to provide helpful information to the Court about the importance of flavors and sampling in connection with consumers (a) receiving information about products and (b) making a successful transition from smo
Amazon CloudFront
added Feb 22, 2018 18:41
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NICOPURE LABS, LLC, RIGHT TO BE SMOKE FREE COALITION, et al., Plaintiffs-Appellants, v. FOOD AND DRUG ADMINISTRATION, et al., Defendants-Appellees: BRIEF OF AMICI CURIAE CLIVE BATES AND ADDITIONAL PUBLIC HEALTH/TOBACCO POLICY AUTHORITIES (PDF)

FDA has failed to account for the likelihood or the risks of harmful unintended consequences arising from its own interventions in the e-cigarette market – what should be a central concern for public health. The costs are likely to overwhelm the claime
Amazon CloudFront
added Feb 22, 2018 18:29
1 View

NICOPURE LABS,LLC,RIGHT TO BE SMOKE FREE COALITION, Plaintiffs-Appellants, v. FOOD AND DRUG ADMINISTRATION,et al., Defendants-Appellees: BRIEF OF NJOY (PDF)

Applying the Tobacco Control Act’s MRTP preclearance requirement to e-cigarette manufacturers is unconstitutional under any potentially applicable standard of First Amendment scrutiny because the FDA lacks any constitutionally sufficient justification
Amazon CloudFront
added Feb 22, 2018 18:23
2 Views

NICOPURE LABS, LLC, RIGHT TO BE SMOKE FREE COALITION, Plaintiffs-Appellants, v. FOOD AND DRUG ADMINISTRATION, et al., Defendants-Appellees: BRIEF OF THE STATE OF IOWA AS AMICUS CURIAE IN SUPPORT OF PLAINTIFFS-APPELLANTS (PDF)

generalized modified risk claims for ENDS are different because they are true—and the MRTPR undermines momentum towards critical harm reduction by effectively silencing them.
Amazon CloudFront
added Feb 22, 2018 18:18
1 View

NICOPURE LABS, LLC and RIGHT TO BE SMOKE FREE COALITION, Plaintiffs-Appellants, v. FOOD AND DRUG ADMINISTRATION, et al., Defendants-Appellees: BRIEF OF WASHINGTON LEGAL FOUNDATION (PDF)

the Constitution does not authorize the government to “pre-approve” truthful, non-misleading speech before commercial speakers may utter it. Indeed, this Court has already rejected the notion “that the health of consumers is advanced directly by barrin
Amazon CloudFront
added Feb 22, 2018 18:08
2 Views

[Minnesota] Owner Of Tobacco Businesses Files Federal Lawsuit Against FDA ($$)

A woman who owns several tobacco shops and businesses filed suit on Jan. 30 in a Minnesota federal court against the U.S. Food and Drug Administration, claiming that the agency’s deeming rule violates free speech (Jen Hoban, et al. v. Food and Drug Admini
Lexis Nexis
added Feb 15, 2018 22:12
18 Views

Opening Brief Filed in Deeming Rule Appeal by Nicopure Labs and the Right to be Smoke-Free Coalition

Appellants argue that (1) the Modified Risk Tobacco Product (MRTP) provision of the TCA, as well as the ban on free samples of vapor products, violate the First Amendment of the U.S. Constitution, and (2) FDA was obligated to consider a less burdensome Pr
National Law Review
added Feb 15, 2018 02:12
6 Views

Lawsuits Attack Deeming Rule / FDA targeted with legal action in three states

The lawsuits were filed in federal courts in Minnesota, Texas and Washington, D.C., on Jan. 30, with the plaintiffs in each lawsuit representing vaping industry retailers or manufacturers, as well as a nonprofit tobacco harm-reduction organization in the
CSP News (Convenience Store/Petroleum)
added Feb 16, 2018 17:26
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