CASAA Smoking Everywhere vs FDA

Smoking Everywhere Complaint: Complaint for Declaratory and Injunctive Relief and Restraining Order against the FDA

FDA Brief in opposition: Filed in response to Smoking Everywhere complaint

ASH Amicus Brief: Filed in Smoking Everywhere vs FDA

NJOY Appeal Brief: NJOY's brief in answer to the FDA Appeal, filed 6/20/2010

Smokefree Amicus Brief: Amicus brief filed by CASAA, vaping groups and public health proponents.

WLF Amicus Brief: Amicus brief filed by Washington Legal Foundation

Judge Leon's Ruling: Smoking Everywhere vs. FDA: Electronic cigarettes are not a drug-delivery device as FDA claims.

SE vs. FDA Opinion: Judge Leon's 32-page opinion on the case.

Transcript - Oral Arguments NJOY v. FDA 9-23-2010: Transcript of the U.S. Court of Appeals Oral Arguments, Sept 23, 2010, NJOY v. FDA

FDA Brief for Appellants: SE v. FDA Appeal Brief filed May 24, 2010

FDA Appeal Reply Brief: FDA Reply to NJOY Appeal Response 7-22-2010

ALA Amicus Brief (U.S. Appeals Court): Amicus brief filed in court of appeals by AAP et al.

NJOY v FDA - Appeals Court Decision: Decision document on FDA's appeal of lower court injunction against product seizures

NJOY v FDA - Appeals Court Opinion: Opinion document on FDA's appeal of lower court injunction against product seizures

FDA Opposition to Smoking Anywhere's Motion to Intervene: FDA argues that it is no longer detaining or refusing shipments of e-cigarettes, and that by the time proceedings resume in the district court, the fundamental legal question underlying the original case will be resolved, and this litigation will likely be entering a concluding stage.

Declaration of Dominic J. Veneziano:  FDA Director of FDA's Division of Import Operations declares that FDA has issued a directive that e-cigarettes should not be detained or refused unless accompanied by medical claims.

NJOY Opposition to Smoking Anywhere's Motion to Intervene: Sottera (dba NJOY) argues that Smoke Anywhere’s request to intervene is untimely and would delay the case.

Smoking Anywhere's Reply to Opposition to Intervene: Smoking Anywhere’s consolidated reply states that the only substantive order in this case is a Preliminary Injunction pending a trial on the merits. Outside of an unenforceable promise by FDA not to enforce its drug/device regulations, there is nothing to protect the rights of parties already in this case, and the FDA has filed for an extension based on the fact that it may appeal to the Supreme Court.




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