American Academy of Pediatrics v. FDA
| STEVEN HIRSCH, MD, TRUTH INITIATIVE, MARYLAND CHAPTER- AMERICAN ACADEMY OF PEDIATRICS, LINDA GOLDSTEIN, MD, LEAH BRASCH, MD, CYNTHIA FISHMAN, MD, DAVID MYLES, MD, AMERICAN CANCER SOCIETY CANCER ACTION NETWORK, AMERICAN ACADEMY OF PEDIATRICS, AMERICAN LUNG ASSOCIATION, CAMPAIGN FOR TOBACCO-FREE KIDS and AMERICAN HEART ASSOCIATION |
| ALEX M. AZAR, II, in his Official capacity as Secretary of Health and Human Services, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SCOTT GOTTLIEB, in his Official capacity as Commissioner of Food and Drugs, NORMAN E. SHARPLESS, in his Official capacity as Commissioner of Food and Drugs and UNITED STATES FOOD AND DRUG ADMINISTRATION |
| 19-2198 |
| October 30, 2019 |
| U.S. Court of Appeals, Fourth Circuit |
| Other |
Docket Report
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| Filing 33 NOTICE ISSUED to American Academy of Pediatrics, American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Dr. Leah Brasch, Campaign For Tobacco-Free Kids, Dr. Cynthia Fishman, Dr. Linda Goldstein, Dr. Steven Hirsch, Dr. David Myles and Truth Initiative in 19-2198 requesting response to Motion to file separate brief [ # 29 ], Motion to exceed length limitations [ # 29 ] Response due 01/06/2020.[1000652244]. [19-2130, 19-2132, 19-2198, 19-2242] KH [Entered: 12/27/2019 11:49 AM] |
| Filing 32 RESPONSE/ANSWER by Alex M. Azar, II, Department of Health and Human Services, FDA and Norman E. Sharpless in 19-2198 to notice requesting response [ # 30 ], Motion to exceed length limitations [ # 29 ], Motion to file separate brief [ # 29 ]. [19-2130, 19-2132, 19-2198, 19-2242] Joshua Revesz [Entered: 12/26/2019 11:47 PM] |
| Filing 31 APPEARANCE OF COUNSEL by Mark. E. Greenwold for American Academy of Pediatrics, American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Dr. Leah Brasch, Campaign For Tobacco-Free Kids, Dr. Cynthia Fishman, Dr. Linda Goldstein, Dr. Steven Hirsch, Dr. David Myles and Truth Initiative in 19-2130, 19-2132, 19-2198, 19-2242. [1000651785] [19-2130, 19-2132, 19-2198, 19-2242] Mark Greenwold [Entered: 12/26/2019 03:31 PM] |
| Filing 30 NOTICE ISSUED to Alex M. Azar, II, Department of Health and Human Services, Norman E. Sharpless and FDA in 19-2198 requesting response to Motion to exceed length limitations [ # 29 ], Motion to file separate brief [ # 29 ] Response due 01/06/2020.[1000651671]. [19-2130, 19-2132, 19-2198, 19-2242] KH [Entered: 12/26/2019 01:01 PM] |
| Filing 29 MOTION by American E-Liquid Manufacturing Standards Association, American Vaping Association, Smoke Free Alternatives Trade Association, Smoke-Free Alternatives Trade Association- California, Smoke-Free Alternatives Trade Association- Connecticut, Smoke-Free Alternatives Trade Association- Hawaii, Smoke-Free Alternatives Trade Association- Louisiana, Smoke-Free Alternatives Trade Association- Rhode Island, Smoke-Free Alternatives Trade Association- Texas, Smoke-Free Alternatives Trade Association- Wisconsin, Tennessee Smoke Free Association, Texas Vapor Coalition, Arizona Smoke Free Business Alliance, Indiana Smoke Free Association, Iowans for Alternative to Smoking and Tobacco, Kentucky Smoke Free Association, Maryland Vapor Alliance, New York State Vapor Association, Ohio Vapor Trade Association and RIGHT TO BE SMOKE-FREE COALITION in 19-2132, 19-2242 to exceed length limitations for brief , to file separate briefs [29]. Date and method of service: 12/23/2019 ecf. [1000651111] [19-2130, 19-2132, 19-2198, 19-2242] Eric Gotting [Entered: 12/23/2019 04:52 PM] |
Filing 28
ORDER filed granting Motion to extend filing time [ # 1000647666-2 ] in 19-2130, 19-2132, 19-2242 Number of days granted: 8. [ # 27 ] in 19-2130 Response due 12/31/2019. Copies to all parties. [1000647775] [19-2130, 19-2132, 19-2198, 19-2242] DL [Entered: 12/18/2019 03:29 PM]
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| Filing 27 NOTICE ISSUED to American Academy of Pediatrics, American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Dr. Leah Brasch, Campaign For Tobacco-Free Kids, Dr. Cynthia Fishman, Dr. Linda Goldstein, Dr. Steven Hirsch, Dr. David Myles and Truth Initiative in 19-2130, 19-2132, Alex M. Azar, II, Department of Health and Human Services, Norman E. Sharpless, FDA and American Academy of Pediatrics, American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Dr. Leah Brasch, Campaign For Tobacco-Free Kids, Dr. Cynthia Fishman, Dr. Linda Goldstein, Dr. Steven Hirsch, Dr. David Myles and Truth Initiative in 19-2198, 19-2242 requesting response to Motion to expedite decision [ # 26 ], Motion for stay pending appeal [ # 26 ], Motion for stay pending appeal [ # 1000644865-2 ] Response due: 12/23/2019.[1000644924]. [19-2130, 19-2132, 19-2198, 19-2242] KH [Entered: 12/16/2019 08:04 AM] |
| Filing 26 MOTION by American E-Liquid Manufacturing Standards Association, American Vaping Association, Arizona Smoke Free Business Alliance, Indiana Smoke Free Association, Iowans for Alternative to Smoking and Tobacco, Kentucky Smoke Free Association, Maryland Vapor Alliance, New York State Vapor Association, Ohio Vapor Trade Association, RIGHT TO BE SMOKE-FREE COALITION, Smoke Free Alternatives Trade Association, Smoke-Free Alternatives Trade Association- California, Smoke-Free Alternatives Trade Association- Connecticut, Smoke-Free Alternatives Trade Association- Hawaii, Smoke-Free Alternatives Trade Association- Louisiana, Smoke-Free Alternatives Trade Association- Rhode Island, Smoke-Free Alternatives Trade Association- Texas, Smoke-Free Alternatives Trade Association- Wisconsin, Tennessee Smoke Free Association and Texas Vapor Coalition in 19-2132 for stay pending appeal. Date of action to be stayed, if applicable:May 15, 2019, July 12, 2019. , to expedite decision. Date and method of service: 12/13/2019 ecf. [1000644857] [19-2130, 19-2132, 19-2198, 19-2242] Eric Gotting [Entered: 12/13/2019 06:54 PM] |
| Filing 25 APPEARANCE OF COUNSEL by Joshua Revesz for Alex M. Azar, II, Department of Health and Human Services, FDA and Scott Gottlieb in 19-2198. [1000644555] [19-2130, 19-2132, 19-2198, 19-2242] Joshua Revesz [Entered: 12/13/2019 02:28 PM] |
| Filing 24 BRIEFING ORDER filed. Opening Brief and Appendix due 01/14/2020. Response Brief due 02/13/2020 [19-2130, 19-2132, 19-2198, 19-2242] KH [Entered: 12/05/2019 02:23 PM] |
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Filing 23
ORDER filed granting Motion to amend/correct [ # 14 ] in 19-2130, 19-2132, 19-2198 Copies to all parties. [1000639112] [19-2130, 19-2132, 19-2198, 19-2242] KH [Entered: 12/05/2019 02:20 PM]
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| Filing 22 APPEARANCE OF COUNSEL by Swati Rawani for American Academy of Pediatrics, American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Dr. Leah Brasch, Campaign For Tobacco-Free Kids, Dr. Cynthia Fishman, Dr. Linda Goldstein, Dr. Steven Hirsch, Dr. David Myles and Truth Initiative in 19-2130, 19-2132, 19-2198, 19-2242. [1000627189] [19-2130, 19-2132, 19-2198, 19-2242] Swati Rawani [Entered: 11/15/2019 01:41 PM] |
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Filing 21
ORDER filed consolidating case 19-2242 with 19-2130(L). Copies to all parties. Mailed to: Michelle Bennett, Mark Greenwold, Swati Rawani. [1000625343] [19-2130, 19-2132, 19-2198, 19-2242] KH [Entered: 11/13/2019 01:51 PM]
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| Filing 20 DOCKETING STATEMENT by FDA, Norman E. Sharpless, Department of Health and Human Services and Alex M. Azar, II. [19-2198] Lindsey Powell [Entered: 11/07/2019 04:07 PM] |
| Filing 19 DISCLOSURE OF CORPORATE AFFILIATIONS by Cigar Rights of America in 19-2130, 19-2132. Was any question on Disclosure Form answered yes? Yes [1000618594] [19-2130, 19-2132, 19-2198] Michael Edney [Entered: 11/01/2019 05:45 PM] |
| Filing 18 DISCLOSURE OF CORPORATE AFFILIATIONS by Premium Cigar Association in 19-2130, 19-2198. Was any question on Disclosure Form answered yes? Yes [1000618593] [19-2130, 19-2132, 19-2198] Michael Edney [Entered: 11/01/2019 05:38 PM] |
| Filing 17 DISCLOSURE OF CORPORATE AFFILIATIONS by American E-Liquid Manufacturing Standards Association, American Vaping Association, Arizona Smoke Free Business Alliance, Indiana Smoke Free Association, Iowans for Alternative to Smoking and Tobacco, Kentucky Smoke Free Association, Maryland Vapor Alliance, New York State Vapor Association, Ohio Vapor Trade Association, RIGHT TO BE SMOKE-FREE COALITION, Smoke Free Alternatives Trade Association, Smoke-Free Alternatives Trade Association- California, Smoke-Free Alternatives Trade Association- Connecticut, Smoke-Free Alternatives Trade Association- Hawaii, Smoke-Free Alternatives Trade Association- Louisiana, Smoke-Free Alternatives Trade Association- Rhode Island, Smoke-Free Alternatives Trade Association- Texas, Smoke-Free Alternatives Trade Association- Wisconsin, Tennessee Smoke Free Association and Texas Vapor Coalition in 19-2132. Was any question on Disclosure Form answered yes? Yes [1000618590] [19-2132, 19-2130, 19-2198] Eric Gotting [Entered: 11/01/2019 05:19 PM] |
| Filing 16 APPEARANCE OF COUNSEL by Eric P. Gotting for American E-Liquid Manufacturing Standards Association, American Vaping Association, Smoke-Free Alternatives Trade Association- California, Arizona Smoke Free Business Alliance, Smoke-Free Alternatives Trade Association- Connecticut, Indiana Smoke Free Association, Smoke-Free Alternatives Trade Association- Hawaii, Iowans for Alternative to Smoking and Tobacco, Smoke-Free Alternatives Trade Association- Louisiana, Kentucky Smoke Free Association, Smoke-Free Alternatives Trade Association- Rhode Island, Maryland Vapor Alliance, Smoke-Free Alternatives Trade Association- Texas, New York State Vapor Association, Smoke-Free Alternatives Trade Association- Wisconsin, Ohio Vapor Trade Association, RIGHT TO BE SMOKE-FREE COALITION, Smoke Free Alternatives Trade Association, Tennessee Smoke Free Association and Texas Vapor Coalition in 19-2132. [1000618589] [19-2132, 19-2130, 19-2198] Eric Gotting [Entered: 11/01/2019 05:12 PM] |
| Filing 15 NOTICE ISSUED to Cigar Association of America, Cigar Rights of America and Premium Cigar Association in 19-2130 requesting response to Motion to amend/correct [ # 14 ] Response due: 11/12/2019.[1000618042]. Mailed to: Swati Rawani, Mark Greenwold. [19-2130, 19-2132, 19-2198] KH [Entered: 11/01/2019 08:26 AM] |
| Filing 14 MOTION by American Academy of Pediatrics, American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Dr. Leah Brasch, Campaign For Tobacco-Free Kids, Dr. Cynthia Fishman, Dr. Linda Goldstein, Dr. Steven Hirsch, Dr. David Myles and Truth Initiative in 19-2130, 19-2132, 19-2198 to amend/correct caption. Date and method of service: 10/31/2019 ecf. [1000617869] [19-2130, 19-2132, 19-2198] Jeffrey Dubner [Entered: 10/31/2019 03:36 PM] |
| Filing 13 DISCLOSURE OF CORPORATE AFFILIATIONS by Campaign For Tobacco-Free Kids in 19-2130, 19-2132, 19-2198. Was any question on Disclosure Form answered yes? No [1000617678] [19-2130, 19-2132, 19-2198] Jeffrey Dubner [Entered: 10/31/2019 01:35 PM] |
| Filing 12 DISCLOSURE OF CORPORATE AFFILIATIONS by Truth Initiative in 19-2130, 19-2132, 19-2198. Was any question on Disclosure Form answered yes? No [1000617675] [19-2130, 19-2132, 19-2198] Jeffrey Dubner [Entered: 10/31/2019 01:33 PM] |
| Filing 11 DISCLOSURE OF CORPORATE AFFILIATIONS by American Academy of Pediatrics in 19-2130, 19-2132, 19-2198. Was any question on Disclosure Form answered yes? No [1000617674] [19-2130, 19-2132, 19-2198] Jeffrey Dubner [Entered: 10/31/2019 01:29 PM] |
| Filing 10 DISCLOSURE OF CORPORATE AFFILIATIONS by American Cancer Society Cancer Action Network in 19-2130, 19-2132, 19-2198. Was any question on Disclosure Form answered yes? No [1000617669] [19-2130, 19-2132, 19-2198] Jeffrey Dubner [Entered: 10/31/2019 01:27 PM] |
| Filing 9 DISCLOSURE OF CORPORATE AFFILIATIONS by American Lung Association in 19-2130, 19-2132, 19-2198. Was any question on Disclosure Form answered yes? No [1000617668] [19-2130, 19-2132, 19-2198] Jeffrey Dubner [Entered: 10/31/2019 01:24 PM] |
| Filing 8 DISCLOSURE OF CORPORATE AFFILIATIONS by American Heart Association in 19-2130, 19-2132, 19-2198. Was any question on Disclosure Form answered yes? No [1000617663] [19-2130, 19-2132, 19-2198] Jeffrey Dubner [Entered: 10/31/2019 01:20 PM] |
| Filing 7 DISCLOSURE OF CORPORATE AFFILIATIONS by American Academy of Pediatrics in 19-2130, 19-2132, 19-2198. Was any question on Disclosure Form answered yes? No [1000617659] [19-2130, 19-2132, 19-2198] Jeffrey Dubner [Entered: 10/31/2019 01:18 PM] |
| Filing 6 APPEARANCE OF COUNSEL by Jeffrey Dubner for American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Campaign For Tobacco-Free Kids, Dr. Leah Brasch, Dr. Cynthia Fishman, Dr. Linda Goldstein, Dr. Steven Hirsch, Dr. David Myles, Truth Initiative and American Academy of Pediatrics in 19-2130, 19-2132, 19-2198. [1000617648] [19-2130, 19-2132, 19-2198] Jeffrey Dubner [Entered: 10/31/2019 01:10 PM] |
| Filing 5 APPEARANCE OF COUNSEL by Lindsey Powell for FDA, Norman E. Sharpless, Department of Health and Human Services and Alex M. Azar, II in 19-2198. [1000617583] [19-2198, 19-2130, 19-2132] Lindsey Powell [Entered: 10/31/2019 12:11 PM] |
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Filing 4
ORDER filed substituting party Norman E. Sharpless substituted for Scott Gottlieb. Copies to all parties. Mailed to: Swati Rawani, Michelle Bennett, Mark Greenwold. [1000617010] [19-2130, 19-2132, 19-2198] KH [Entered: 10/30/2019 03:27 PM]
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Filing 3
ORDER filed consolidating case 19-2198 with 19-2130(L). Copies to all parties. Mailed to: Swati Rawani, Michelle Bennett, Mark Greenwold. [1000616996] [19-2130, 19-2132, 19-2198] KH [Entered: 10/30/2019 03:17 PM]
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| Filing 2 DOCKETING NOTICE issued Re: [ # 1 ] case. Originating case number: 8:18-cv-00883-PWG. Mailed to: Swati Rawani, Michelle Bennett, Mark Greenwold. [19-2198] KH [Entered: 10/30/2019 03:04 PM] |
| Filing 1 Case docketed. Originating case number: 8:18-cv-00883-PWG. Case manager: KHancock. [19-2198] KH [Entered: 10/30/2019 02:41 PM] |
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