SE, NJoy vs FDA -- Discussion - Page 54
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Thread: SE, NJoy vs FDA -- Discussion

  1. #531
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    Quote Originally Posted by cozzicon View Post
    And we all know what Renquist said about that....
    Actually, while the appelate stay is in force they are not violating Judge Leon's ruling at all. They are, IMHO, just P***ing him off.

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    No movement per se, but there were some filings.

    First, a letter to the clerk of the court from the FDA providing notification that it sent 5 warning letters to e-cigarette companies as well as to the ECA. (Document attached.)

    Second, a court order regarding the oral argument schedule, giving 15 minutes to each side to argue, as well as identifying the panel of judges: Circuit Judges Garland and Kavanaugh, and Senior Circuit Judge Williams. (Document attached.)

    Also, attorneys who are making the arguments filed their Form 72s today (not available through Pacer). Attorneys identified are Alisa B. Klein, on behalf of Appellants FDA, Margaret Hamburg, Kathleen Sebelius and HHS; and Gregory G. Garre, on behalf of Appellee Sottera, Inc.
    Attached Files Attached Files

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    Quote Originally Posted by JustJulie View Post
    No movement per se, but there were some filings.

    First, a letter to the clerk of the court from the FDA providing notification that it sent 5 warning letters to e-cigarette companies as well as to the ECA. (Document attached.)

    Second, a court order regarding the oral argument schedule, giving 15 minutes to each side to argue, as well as identifying the panel of judges: Circuit Judges Garland and Kavanaugh, and Senior Circuit Judge Williams. (Document attached.)

    Also, attorneys who are making the arguments filed their Form 72s today (not available through Pacer). Attorneys identified are Alisa B. Klein, on behalf of Appellants FDA, Margaret Hamburg, Kathleen Sebelius and HHS; and Gregory G. Garre, on behalf of Appellee Sottera, Inc.
    Why is the 2nd pdf also addressed to our favorite "friend" Banzhass in addition to NJoy? Weren't there others who filed briefs? Why does Ash get special privileges? Is he an Appellee? (Ash is addressed as such in this letter).
    Last edited by mpetva; 09-15-2010 at 12:21 AM.
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    Quote Originally Posted by mpetva View Post
    Why is the 2nd pdf also addressed to our favorite "friend" Banzhass in addition to NJoy? Weren't there others who filed briefs? Why does Ash get special privileges? Is he an Appellee? (Ash is addressed as such in this letter).
    I'm not sure what's up with that. I believe I'm correct that back in February, Sun reported that Banzhaf was showing up as a plaintiff/appellee on the court docket, and Sun identified it as a clerical error. Maybe Yolanda has some thoughts on this.

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    Quote Originally Posted by JustJulie View Post
    I'm not sure what's up with that. I believe I'm correct that back in February, Sun reported that Banzhaf was showing up as a plaintiff/appellee on the court docket, and Sun identified it as a clerical error. Maybe Yolanda has some thoughts on this.
    We gotta issue a press release on this one:

    ASH Joins E-Cigarette Companies Against FDA

    Washington D.C., September 14, 2010. John F. Banzhaf, Executive Director of Action on Smoking and Health (ASH) has joined with Sottera, Inc., doing business as Njoy, as a plaintiff against the U.S. Food and Drug Administration (FDA). Orginally, Banzhaff filed an Amicus Brief on the side of the FDA, but apparently has had second thoughts about supporting a defacto ban on electronic cigarettes.
    --CASAA Press Office
    Last edited by Vocalek; 09-15-2010 at 04:01 AM.


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    Is that a joke Elaine, is he really switching sides ???
    DON'T go back to smoking, no matter what the FDA does.
    Going back to smoking will be a huge loss for you, in more ways than one.

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    Quote Originally Posted by JerryRM View Post
    Is that a joke Elaine, is he really switching sides ???
    It's a tremendous PR opportunity. Open up the second of the two PDF documents that JustJulie attached.


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    Quote Originally Posted by Vocalek View Post
    We gotta issue a press release on this one:

    ASH Joins E-Cigarette Companies Against FDA

    Washington D.C., September 14, 2010. John F. Banzhaf, Executive Director of Action on Smoking and Health (ASH) has joined with Sottera, Inc., doing business as Njoy, as a plaintiff against the U.S. Food and Drug Administration (FDA). Orginally, Banzhaff filed an Amicus Brief on the side of the FDA, but apparently has had second thoughts about supporting a defacto ban on electronic cigarettes.
    --CASAA Press Office
    Elaine, you have a positively wicked sense of humor.

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    Ok, I get the joke now, I didn't think he was going to turn against his BP buddies. You are wicked, Elaine, but I like it. lol.
    DON'T go back to smoking, no matter what the FDA does.
    Going back to smoking will be a huge loss for you, in more ways than one.

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    Julie, I listened to the internet radio program. You all did a great job, of informing us of what's happening. I must be getting old, I didn't recognize the little trick that the FDA was trying to pull on Johnson Creek, until it was mentioned on the program.
    DON'T go back to smoking, no matter what the FDA does.
    Going back to smoking will be a huge loss for you, in more ways than one.

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