FDA Opening Brief Filed in Deeming Rule Appeal by Nicopure Labs and the Right to be Smoke-Free Coalition

[WorksForMe]

Opening Brief Filed in Deeming Rule Appeal by Nicopure Labs and the Right to be Smoke-Free Coalition | The Continuum of Risk

"Specifically, Appellants argue that (1) the Modified Risk tobacco Product (MRTP) provision of the TCA, as well as the ban on free samples of vapor products, violate the First Amendment of the U.S. Constitution, and (2) FDA was obligated to consider a less burdensome Premarket tobacco Product Application (PMTA) process for vapor products while still protecting the public health."

Here we go again. I don't have my hopes up quite as high this time though.

 

[zoiDman]

Thank you for Posting this.

I was wonder if/when it might be filed.

 

[Bill Godshall]

Here is more info and documents on the appeal, including multiple amicus briefs, which are excellent.

Azim Chowdhury/Eric Gotting: Amicus briefs filed in support of Deeming Rule appeal by Washington Legal Foundation, njoy, CASAA, the State of Iowa, Clive Bates, et al.
Amicus Briefs Filed in Support of Deeming Rule Appeal by Washington Legal Foundation, NJOY, CASAA, the State of Iowa and Clive Bates, et al.

Five amicus briefs filed in support of appeal by Nicopure Labs and Right to Be Smoke Free Coalition in lawsuit challenging FDA’s cigarette protecting Deeming Rule
Papers and letters
https://www.clivebates.com/documents/Amicus/Bates.pdf

(by Clive Bates and Additional Public Health/Tobacco Policy Authorities, including Godshall)

https://www.clivebates.com/documents/Amicus/Iowa.pdf (by State of Iowa)

https://www.clivebates.com/documents/Amicus/CASAA.pdf (by CASAA)

https://www.clivebates.com/documents/Amicus/NJOY.pdf (by NJOY)

https://www.clivebates.com/documents/Amicus/WLF.pdf (by Washington Legal Foundation)

https://www.clivebates.com/documents/Amicus/Brief.pdf (opening brief by Appellants Nicopure Labs and Right to Be Smoke Free Coalition)

https://www.clivebates.com/documents/Amicus/Issues.pdf (Appellants Statement of Issues)


NJOY joins fight to have unfair FDA rules overturned
NJOY Joins Fight To Have Unfair FDA Rules Overturned

Iowa AG urges appeals court to overturn FDA rule governing e-cigarettes
https://www.reuters.com/article/hea...fda-rule-governing-e-cigarettes-idUSL2N1QB2B4

Carl Phillips: Could restriction on vape flavors violate the first amendment?
http://dailyvaper.com/2018/02/23/could-restrictions-on-vape-flavors-violate-the-first-amendment/

Steve Birr: Advocates urge FDA to kill rule blocking vape shops from speaking about health benefits of vaping
http://dailyvaper.com/2018/02/23/tom-miller-iowa-vaping/

 

[zoiDman]

Thank You for posting this Bill.

It was Surprising, but Extremely Refreshing, to see the Iowa's AGO playing a supporting role in this appeal.

 

[WorksForMe]

"The lawsuit against the FDA is about to kick back into high gear. Keller & Heckman filed appellate briefs this week in U.S. Court of Appeals Washington, D.C. district."

Briefs Filed in FDA Lawsuit Appeal

 

[zoiDman]

"The lawsuit against the FDA is about to kick back into high gear. Keller & Heckman filed appellate briefs this week in U.S. Court of Appeals Washington, D.C. district."

Briefs Filed in FDA Lawsuit Appeal

Thank you for Posting this.

 

[stols001]

This is really interesting, thanks

Anna