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Headlines Tagged with FDASuit 411 headlines found

11 Views

THE BRIEFCASE: Big Three request summary judgment / Reynolds, Santa Fe ask for more response time

According to the lawsuit, “over the past four years, FDA has suggested varying interpretations of the act that would improperly broaden the agency’s regulatory authority over tobacco product labels and product quantities.”
Winston-Salem (NC) Journal
added Nov 4, 2015 11:13
14 Views

MO v. FDA: [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT 10/30/15

directive … is inconsistent with the Family Smoking Prevention and Tobacco Control Act, violates the substantive and procedural requirements of the Administrative Procedure Act, infringes Plaintiffs’ First Amendment rights, and is unconstitutionally vague
Tobacco On Trial
added Nov 3, 2015 23:58
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MO v. FDA: DOCKET Sep 30-Nov 3, 2015

11/03/2015 MINUTE ORDER granting 22 Plaintiffs’ Sealed Motion for Leave to File Documents Under Seal, and 23 Plaintiffs’ Sealed Motion for Leave to File Document Under Seal.
Tobacco On Trial
added Nov 3, 2015 23:32
12 Views

PHILIP MORRIS USA INC et. al. v. UNITED STATES FOOD AND DRUG ADMINISTRATION

Plaintiffs bring this lawsuit to challenge recent action by the United States Food and Drug Administration (“FDA”) seeking to assert a broad power of prior restraint over Plaintiffs’ marketing communications, even though the Federal Food, Drug, and Cosme
LiabilityDesk
added Nov 3, 2015 22:38
7 Views

Tobacco Cos. Seek Quick Win In FDA Labeling Suit ($$)

Philip Morris, R.J. Reynolds and other tobacco companies on Friday asked a D.C. federal judge to rule in their favor exactly one month after accusing the U.S. Food and Drug Administration of overstepping its authority and violating the First Amendment wit
Law360
added Nov 3, 2015 22:22
9 Views

RIVKIN/FOLEY: The Supreme Court's bad call on Affordable Care Act

the precedent upon which the King majority relied for this contextual interpretation, FDA vs. Brown and Williamson Tobacco Corp. (2000)...manufacturers challenged [FDA's] authority to regulate tobacco products as “medical devices” or “drugs.” The court co
Los Angeles Times
added Jun 30, 2015 08:36
3 Views

WHITE: Symposium: Defining deference down

Last year, in Loving v. IRS, the court invoked Brown & Williamson in holding that the IRS was unreasonable in interpreting its statutory jurisdiction ...Two years earlier, the D.C. Circuit invoked Brown & Williamson’s “major questions” doctrine to strike
SCOTUSBlog
added Jun 26, 2015 09:15
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Cig Label Fight Shows Growing Pains In New FDA Oversight ($$)

Experts say the agency's move to advance the new requirements in the form of a quick guidance — and the industry's prompt lawsuit — show the regulator and the regulated trying to gauge how far they can push each other in this early phase of federal overs
Law360
added Jun 6, 2015 12:14
7 Views

Tobacco Cos. Drop Suit After FDA Holds Labeling Enforcement ($$)

The FDA announced on Friday that it was suspending enforcement against new products that are identical to a product already on the market aside from label changes or quantity. The interim enforcement policy will stay in effect until 30 days after the FDA
Law360
added Jun 4, 2015 14:12
16 Views

Big Tobacco Fires on New 'Draconian' FDA Rules

Although disguised as "guidance," the FDA rule described in the complaint as the "SE directive" imposes legal obligations that manufacturers must follow or face penalties, including seizure of an entire product line, they continue. "Moreover, b
Courthouse News
added Apr 17, 2015 23:38
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