FDA Sued Over Electronic Cigarette Embargo

[Jim Davis]

For all the rant they got from many of us here on this forum, isn't it Ironic how they were the ones to step up to the plate and actually file a lawsuit?

I'm sure it's to save their business but now is the time for all suppliers to put competition (and their differences) to the side and join forces with Smoking Everywhere in this lawsuit.

United we stand, Divided we fall.

Ya snatched the words right out of my mouth Max.

[Venuvious]

do you think that with the pending suit that the fda may ease up on the seizures?
That would be cool :d

philadelphia,pa, us
04/15/2009 9:41 a.m.
ups is processing shipment for future submission to the food/drug admin and/or dept of ag ppq

04/15/2009 9:25 a.m. ups is processing shipment for future submission to the food/drug admin and/or dept of ag ppq

04/15/2009 9:11 a.m. shipment pending release from clearance agency / brokerage released shipment. Shipment is submitted to clearing agency for further clearance

philadelphia,pa, us
04/11/2009 6:04 p.m. shipment pending release from clearance agency 04/11/2009 6:03 p.m. shipment pending release from clearance agency 04/11/2009 4:37 p.m. import scan
04/11/2009 12:17 p.m. arrival scan

Unfortunately for me, I have this very large shipment of e-liquid
still sitting with the FDA, and all they say in todays email is:
"Hold Designated"
Items are in review as of the 15th of April, 2009.
And I can get no straight answer out of US Customs or the FDA other than they have looked at every bottle, are "Interested", and will get back to me at some point!?
Just thought I would pass this along, as I know there have been a lot of speculations, so I will let you know of anything tangible like this occurs.

Sincerely,
P.

[esmok-e]

I wish them luck. Is the U.S. District Court for the District of Columbia a good venue for this??

Being an ignorant Brit I guess that is in Washington DC?????

C.

I still think you are lovely!

That's Federal District Court in Washington DC. Not the Supreme Court... if it ever goes that far. Hope not... this could take many months if not years as it is.

But this is the spark that would light the fire...

How about a documentary of vintage cigarette ads and commercials, court settlement checks interspersed with seriously ill smokers and ex-smoker's (as in dead or alive) family members with the Doors "Light My Fire".....?

Add a marquee counter of how many are dying in real time and how much money is being made in real time....

[Bill Godshall]

Does anyone have a copy of the actual complaint filed by Smoking Everywhere?

Litigation can be a double edged sword, as a court ruling against Smoking Everywhere could embolden the FDA to embargo even more of the products, and perhaps ban them as well.

[Faethe]

Does anyone have a copy of the actual complaint filed by Smoking Everywhere?

Litigation can be a double edged sword, as a court ruling against Smoking Everywhere could embolden the FDA to embargo even more of the products, and perhaps ban them as well.

Oh hey I read your letters and communications and stuff Hi! Good time for you maybe to file a friend of the court brief or offer to? Smoking everywhere might just be pushing to get a judge to stay the seizures. If the Waxman thing goes through, that's the end of the road, I think.

[OutWest]

Does anyone have a copy of the actual complaint filed by Smoking Everywhere?

Litigation can be a double edged sword, as a court ruling against Smoking Everywhere could embolden the FDA to embargo even more of the products, and perhaps ban them as well.

Yes, I just got a copy of it via email. PM me your email addy and I'll forward it to you. Same for anyone else that wants a copy.

edit to add: I've uploaded the document I received
http://www.alternasmokes.com/SE-Memo...ort_of_TRO.pdf

and here's the link to the filings that dc2k08 found and posted http://www.courthousenews.com/2009/04/29/Smoking.pdf


--

[Satire]

HAHAHAHA oh if only the Australians had thought to bring some kick-ass American lawyers :P Hail democracy. And by the way Tropicalbob if you're reading this..... I TOLD YA THIS WOULD HAPPEN XD TOBACCO PRODUCT BUAHAHAHAH

[dc2k08]

Does anyone have a copy of the actual complaint filed by Smoking Everywhere?

http://www.courthousenews.com/2009/04/29/Smoking.pdf

[esmok-e]

Here's the case file summary.... please note the email addresses and phone numbers of the defendants (hint).

The actual complaint is over 25 pages so I will post a link to it shortly....

Actual Smoking Everywhere vs. FDA/HHS Case Files

1:09-cv-00771-RJL SMOKING EVERYWHERE, INC. v. U.S. FOOD AND DRUG ADMINISTRATION et al
Richard J. Leon, presiding
Date filed: 04/28/2009
Date of last filing: 04/29/2009

Case Summary
Office: Washington, DC Filed: 04/28/2009
Jury Demand: None Demand:
Nature of Suit: 890 Cause: 28:1331 Fed. Question
Jurisdiction: U.S. Government Defendant Disposition:
County: 88888 Terminated:
Origin: 1 Reopened:

Lead Case: None
Related Case: None Other Court Case: None
Def Custody Status:
Flag: TYPE-D

Plaintiff: SMOKING EVERYWHERE, INC. represented by Christopher Kip Schwartz Phone: (202) 263-4157
Fax: (202) 331-8330
Email: kip.schwartz@thompsonhine.com

Defendant: U.S. FOOD AND DRUG ADMINISTRATION represented by Drake S. Cutini Phone: (202) 307-0044
Fax: (202) 514-8742
Email: drake.cutini@usdoj.gov

Defendant: JOSHUA M. SHARFSTEIN represented by Drake S. Cutini Phone: (202) 307-0044
Fax: (202) 514-8742
Email: drake.cutini@usdoj.gov

Defendant: MARGARET HAMBURG represented by Drake S. Cutini Phone: (202) 307-0044
Fax: (202) 514-8742
Email: drake.cutini@usdoj.gov

Defendant: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES represented by Drake S. Cutini Phone: (202) 307-0044
Fax: (202) 514-8742
Email: drake.cutini@usdoj.gov

Defendant: CHARLES JOHNSON represented by Drake S. Cutini Phone: (202) 307-0044
Fax: (202) 514-8742
Email: drake.cutini@usdoj.gov

Defendant: KATHLEEN SEBELIUS represented by Drake S. Cutini Phone: (202) 307-0044
Fax: (202) 514-8742
Email: drake.cutini@usdoj.gov

1:09-cv-00771-RJL SMOKING EVERYWHERE, INC. v. U.S. FOOD AND DRUG ADMINISTRATION et al
Richard J. Leon, presiding
Date filed: 04/28/2009
Date of last filing: 04/29/2009

Case Summary
Office: Washington, DC
Filed: 04/28/2009
Jury Demand: None
Demand:
Nature of Suit: 890
Cause: 28:1331 Fed. Question
Jurisdiction: U.S. Government Defendant
Disposition:
County: 88888
Terminated:
Origin: 1
Reopened:

Lead Case:
None
Related Case:
None
Other Court Case: None
Def Custody Status:

Flag: TYPE-D

Plaintiff: SMOKING EVERYWHERE, INC.
represented by
Christopher Kip Schwartz
Phone:
(202) 263-4157
Fax:
(202) 331-8330
Email:
kip.schwartz@thompsonhine.com

Defendant: U.S. FOOD AND DRUG ADMINISTRATION
represented by
Drake S. Cutini
Phone:
(202) 307-0044
Fax:
(202) 514-8742
Email:
drake.cutini@usdoj.gov

Defendant: JOSHUA M. SHARFSTEIN
represented by
Drake S. Cutini
Phone:
(202) 307-0044
Fax:
(202) 514-8742
Email:
drake.cutini@usdoj.gov

Defendant: MARGARET HAMBURG
represented by
Drake S. Cutini
Phone:
(202) 307-0044
Fax:
(202) 514-8742
Email:
drake.cutini@usdoj.gov

Defendant: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
represented by
Drake S. Cutini
Phone:
(202) 307-0044
Fax:
(202) 514-8742
Email:
drake.cutini@usdoj.gov

Defendant: CHARLES JOHNSON
represented by
Drake S. Cutini
Phone:
(202) 307-0044
Fax:
(202) 514-8742
Email:
drake.cutini@usdoj.gov

Defendant: KATHLEEN SEBELIUS
represented by
Drake S. Cutini
Phone:
(202) 307-0044
Fax:
(202) 514-8742
Email:
drake.cutini@usdoj.gov

COMPLAINT against U.S. FOOD AND DRUG ADMINISTRATION, JOSHUA M. SHARFSTEIN, MARGARET HAMBURG, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, CHARLES JOHNSON, KATHLEEN SEBELIUS ( Filing fee $ 350, receipt number 4616020180) filed by SMOKING EVERYWHERE, INC.. (Attachments: # (1) Civil Cover Sheet)(td, )

MOTION for Temporary Restraining Order and/or injunctive relief by SMOKING EVERYWHERE, INC. (td, )

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SMOKING EVERYWHERE, INC. identifying Corporate Parent NONE for SMOKING EVERYWHERE, INC.. (td, )

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Walt Linscott, :Firm- THOMPSON HINE LLP, :Address- One Atlantic Center, 1201 West Peachtree Street, NW, Suite 2200, Atlanta, Georgia 30309-3449. Phone No. - (404) 541-2900. by SMOKING EVERYWHERE, INC. (td, )

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew Ridings, :Firm- Thompson Hine LLP, :Address- 3900 Key Center, 127 Public Square, Cleveland, Ohio, 44114-1291. Phone No. - (216) 566-5561. by SMOKING EVERYWHERE, INC. (td, )

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brian Lamb, :Firm- THOMPSON HINE LLP, :Address- 3900 Key Center, 127 Public Square, Cleveland, Ohio, 44114-1291. Phone No. - (216) 566-5590. by SMOKING EVERYWHERE, INC. (td, )

4/29/2009

SUMMONS (8) Issued as to U.S. FOOD AND DRUG ADMINISTRATION, JOSHUA M. SHARFSTEIN, MARGARET HAMBURG, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, CHARLES JOHNSON, KATHLEEN SEBELIUS, U.S. Attorney and U.S. Attorney General. (kb)

NOTICE of Appearance by Drake S. Cutini on behalf of U.S. FOOD AND DRUG ADMINISTRATION, JOSHUA M. SHARFSTEIN, MARGARET HAMBURG, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, CHARLES JOHNSON, KATHLEEN SEBELIUS (Cutini, Drake)

[OutWest]

http://www.courthousenews.com/2009/04/29/Smoking.pdf

thanks for finding that. The pdf I got via email was the Memoradum in Support of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injuction that was filed with the court, which shows the argument about ecigs not being under the FDA. Your find goes well with it. I assume I could put it up on the web since i was told that it was public record, but I really hate assuming things