FDA Nicopure Labs files lawsuit challenging FDA’s vapor deeming ban

[Bill Godshall]

Thanks for posting the claim Kent.
It's easy for folks to find directly under the press release I posted.

 

[Kent C]

Thanks for posting the claim Kent.
It's easy for folks to find directly under the press release I posted.

Glad I could help, Bill. At that point it was buried deeply via google.....

 

[wiredlove]

Covington & Burling has represented large cigarette companies in lots of litigation since the 1970's.

Thanks Bill. I had looked at some of the other clients as well. I'll just say that politics calls for strange bedfellows, and wanted to point out that these folks seem to be experienced.

 

[KODIAK (TM)]

Covington & Burling has represented large cigarette companies in lots of litigation since the 1970's.

Perhaps I'm looking at this differently but how'd that work out for them?

I suppose if anything, they know what they're up against.

 

[pamdis]

Looks like the judge assigned is Amy Berman Jackson

NICOPURE LABS, LLC v. FOOD AND DRUG ADMINISTRATION et al

 

[nicnik]

I'll gladly buy a couple of bottles of Tribeca now.

Tasty, that Tribeca.

 

[nicnik]

Perhaps I'm looking at this differently but how'd that work out for them?

VERY well, for them, IMO.

 

[nicnik]

Looks like the judge assigned is Amy Berman Jackson

NICOPURE LABS, LLC v. FOOD AND DRUG ADMINISTRATION et al

I hope her name is famous some day, for being FDA's nanny, and giving them a good, well earned scolding.

 

[wiredlove]

I hope her name is famous some day, for being FDA's nanny, and giving them a good, well earned scolding.

Appointed by Obama, but also smacked on him with a judicial decision against his use of executive privileges... so...

 

[Katya]

Perhaps I'm looking at this differently but how'd that work out for them?

I suppose if anything, they know what they're up against.

Exactly what I was thinking...

 

[Frocket]

I've done some googling about the pending lawsuit, and there are plenty of precedents and legal arguments Nicopure can use. The FDA will have a hell of a lot of explaining to do, and I don't think they're prepared to justify their actions.

Sent from my D6603 using Tapatalk

 

[skoony]

I've done some googling about the pending lawsuit, and there are plenty of precedents and legal arguments Nicopure can use. The FDA will have a hell of a lot of explaining to do, and I don't think they're prepared to justify their actions.

Sent from my D6603 using Tapatalk

The FDA will use the standard defense that is the bedrock of the whole regulatory
system from the local level to the Federal level. The health safety and welfare of the
people,the chillin',and the pets and, critters roaming around the forest floor.

Mike

 

[awsum140]

I was going to say that their defense is their "good intentions".

 

[Frocket]

That's great, but they have an obligation to show exactly how their regulations protect the health of the public and etcetera. So far, they haven't really provided any measurable metric by which these regulations will protect the people.

Sure, it's their job to look out for the welfare of the people and children, but they can't do it based solely on good intentions or what they simply believe is in the people's best interest. They have to provide some kind of evidence or justification showing that their regulations do just that.

There will be a lot of legal battles regarding the deeming action. The way I see it, no government agency has the authority to restrict people's rights just because they think it's a good idea - they better have some strong justification, backed up by research and facts, not conjecture.

Sent from my D6603 using Tapatalk

 

[DC2]

That's great, but they have an obligation to show exactly how their regulations protect the health of the public and etcetera. So far, they haven't really provided any measurable metric by which these regulations will protect the people.

Sure, it's their job to look out for the welfare of the people and children, but they can't do it based solely on good intentions or what they simply believe is in the people's best interest. They have to provide some kind of evidence or justification showing that their regulations do just that.

There will be a lot of legal battles regarding the deeming action. The way I see it, no government agency has the authority to restrict people's rights just because they think it's a good idea - they better have some strong justification, backed up by research and facts, not conjecture.

You just described exactly why Judge Leon slapped the FDA in the Soterra case.

But this time, the FDA has all kinds of junk science to point to.
Not sure how that will play out, but it sure will get hot and heavy in the courtroom.

 

[Rickajho]

I was going to say that their defense is their "good intentions".

Give that man a cigar! (While you can...)

 

[Rickajho]

If you want a more browser friendly version of the filing - just a fast load with no overlay for zooming etc. - the full text can also be found here:

Tobacco On Trial » Blog Archive » Nicopure v FDA: COMPLAINT, May 10, 2016

ETA: Just realized there is also a download link there (in small print) at the top of page one to get a PDF copy of the document. No account or log-in required to download as with the scribd sight.