SE, NJoy vs FDA -- Discussion

[lonercom]

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.

[JustJulie]

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.

[mpetva]

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).

[JustJulie]

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.

[Vocalek]

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

[JerryRM]

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

[Vocalek]

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.

[JustJulie]

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.

[JerryRM]

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.

[JerryRM]

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.