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.
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.
Is that a joke Elaine, is he really switching sides ???
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.
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.