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

Discussion in 'FDA Regulations' started by WorksForMe, Feb 17, 2018.

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  1. WorksForMe

    WorksForMe Ultra Member Verified Member ECF Veteran

    Supporting member
    Sep 21, 2012
    N.N., Virginia
    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.

     
    • Like Like x 5
    • Informative Informative x 3
  2. zoiDman

    zoiDman My -0^10 = Nothing at All* ECF Veteran

    Supporting member
    Apr 16, 2010
    So-Cal
    Thank you for Posting this.

    I was wonder if/when it might be filed.
     
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  3. Bill Godshall

    Bill Godshall Executive Director
    Smokefree Pennsylvania
    ECF Veteran

    Supporting member
    Apr 2, 2009
    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/health-ecigarettes/iowa-urges-appeals-court-to-overturn-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/
     
    • Informative Informative x 8
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  4. zoiDman

    zoiDman My -0^10 = Nothing at All* ECF Veteran

    Supporting member
    Apr 16, 2010
    So-Cal
    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.
     
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  5. WorksForMe

    WorksForMe Ultra Member Verified Member ECF Veteran

    Supporting member
    Sep 21, 2012
    N.N., Virginia
    • Informative Informative x 5
  6. zoiDman

    zoiDman My -0^10 = Nothing at All* ECF Veteran

    Supporting member
    Apr 16, 2010
    So-Cal
    • Agree Agree x 3
    • Like Like x 1
  7. stols001

    stols001 Mistress of the Dark Nicotinic Arts Verified Member ECF Veteran

    Supporting member
    May 30, 2017
    Tucson, AZ
    This is really interesting, thanks :)

    Anna
     
    • Agree Agree x 1
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