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Headlines Tagged with FDASuit 444 headlines found

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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
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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 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
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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 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
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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
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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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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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[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
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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
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[Michigan] Local vape shop owner sues FDA

After she lost her husband to lung cancer, Kimberly made a big career change and opened her business to try and help others. Until recently, she has been able to do that, but the Food and Drug Administration‘s new “Deeming Rule” has put a stop to her ef
Clare County (MI) Review
added Feb 9, 2018 17:22
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SHAPIRO: A lawsuit to make rulemakers follow the rules

PLF is challenging the “Deeming Rule,” a 2016 regulation issued under the Obama FDA that made vaping devices subject to the Tobacco Control Act. (Full disclosure: the lawsuits are spearheaded by former Cato legal associate Tommy Berry and former Cato lega
Washington (DC) Examiner
added Feb 5, 2018 17:13
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