MINUTE ORDER. Two cases filed in this Court, Right to be Smoke-Free Coalition v. FDA, No. 16-cv-1210, and Nicopure Labs, LLC v. FDA, No. 16-cv-878, challenge the FDA's final rule "Deeming
tobacco Products to Be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and
tobacco Control Act; Restrictions on the Sale and Distribution of
tobacco Products and Required Warning Statements for Tobacco Products," No. FDA-2014-N-0189, 81 Fed. Reg. 28,973 (May 10, 2016). While Right to Be Smoke-Free brings some new claims, both cases allege that the Deeming Rule is arbitrary and capricious in violation of the Administrative Procedure Act, 5 U.S.C. § 500 et. seq., and both claim that the regulation unlawfully infringes upon plaintiffs' First Amendment rights. In light of the common questions of law and fact in these two cases, the Court believes that Federal Rule of Civil Procedure 42(a) is applicable. Any party who objects to consolidation under Rule 42(a)(2) or any other form of joint treatment under Rule 42(a)(1) must notify the Court by June 22, 2016, and provide the reasons for its objection. If any party wishes to propose a procedure or revised schedule for the Court's consideration, the proposal must be submitted by the same date. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/21/2016. (lcabj3)
Brittani Cushman @BrittaniCushman
