Charlie's Chalk Dust v. FDA
| Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C., doing business as Nocko's |
| Food & Drug Administration, Martin A. Makary, Commissioner, United States Department of Health and Human Services and Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services |
| R.J. Reynolds Vapor Company, RJR Vapor Company, L.L.C., Petroleum Marketers and Convenience Stores Association and Avail Vapor Texas, L.L.C. |
| 25-60609 |
| November 4, 2025 |
| U.S. Court of Appeals, Fifth Circuit |
| Other |
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| Document Text |
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| Filing 102 PROPOSED SUFFICIENT RECORD EXCERPTS filed by Petitioners Charlie's Chalk Dust L.L.C., FOK of Houma L.L.C., Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. [ # 100 ] Date of service: 04/09/2026 via email - Attorney for Petitioner: Gotting; Attorney for Respondents: Koppel, Lewis, Starcher; Attorney for Amicus Curiae: Watson [25-60609] (Eric P. Gotting ) [Entered: 04/09/2026 10:16 AM] |
| Filing 101 LETTER filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. See ECF Docket 100-2. Date of Service: 04/06/2026 via email - Attorney for Petitioner: Gotting; Attorney for Respondents: Koppel, Lewis, Starcher; Attorney for Amicus Curiae: Watson [25-60609] (Eric P. Gotting ) [Entered: 04/06/2026 03:46 PM] |
| Filing 100 SUFFICIENT RECORD EXCERPTS FILED. [25-60609] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUFFICIENT RECORD EXCERPTS FILED. Sufficient Record Excerpts deadline satisfied [25-60609] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED. Record Excerpts NOT Sufficient as they require orders sought to be reviewed; optional content limited to 40 pages. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Record Excerpts due on 04/20/2026 for Petitioner Charlie's Chalk Dust L.L.C. [25-60609] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C.. Date of service: 04/06/2026 via email - Attorney for Petitioner: Gotting; Attorney for Respondents: Koppel, Lewis, Starcher; Attorney for Amicus Curiae: Watson [25-60609] (Eric P. Gotting ) [Entered: 04/06/2026 09:40 AM] |
| Filing 99 CLERK ORDER granting Motion to extend time to file appellee's brief filed by Respondents FDA, HHS, Mr. Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services and Mr. Martin A. Makary [ # 98 ] Appellee's Brief due on 05/04/2026 for Respondents Food & Drug Administration, Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services, Martin A. Makary and United States Department of Health and Human Services [25-60609] (MVM) [Entered: 03/30/2026 02:32 PM] |
| Filing 98 UNOPPOSED MOTION filed by Respondents FDA, HHS, Mr. Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services and Mr. Martin A. Makary to extend time to file brief of appellee until 05/04/2026 [98]. Date of service: 03/30/2026 via email - Attorney for Petitioner: Gotting; Attorney for Respondents: Koppel, Lewis, Starcher, Vicente; Attorney for Amicus Curiae: Watson [25-60609] (Jack Starcher ) [Entered: 03/30/2026 01:19 PM] |
| Filing 97 APPEARANCE FORM FILED by Attorney Ryan Jeffrey Watson for Amicus Curiae Avail Vapor Texas, L.L.C. in 25-60609, Attorney Ryan Jeffrey Watson for Amicus Curiae Petroleum Marketers and Convenience Stores Association in 25-60609, Attorney Ryan Jeffrey Watson for Amicus Curiae RJR Vapor Company, L.L.C. in 25-60609, Attorney Ryan Jeffrey Watson for Amicus Curiae R.J. Reynolds Vapor Company in 25-60609 [25-60609] (MVM) [Entered: 03/30/2026 08:45 AM] |
| Filing 95 AMICUS CURIAE BRIEF FILED by Avail Vapor Texas, L.L.C., Petroleum Marketers and Convenience Stores Association, RJR Vapor Company, L.L.C. and R.J. Reynolds Vapor Company. The Consent is Included in the Brief. [25-60609] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by R.J. Reynolds Vapor Company, RJR Vapor Company, L.L.C., Avail Vapor Texas, L.L.C., and Mississippi Petroleum Marketers and Convenience Stores. Date of service: 03/27/2026 via email - Attorney for Petitioner: Gotting; Attorney for Respondents: Koppel, Lewis, Starcher, Vicente [25-60609] (Ryan Jeffrey Watson ) [Entered: 03/27/2026 03:12 PM] |
| Filing 94 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [25-60609] (Ryan Jeffrey Watson ) [Entered: 03/27/2026 03:04 PM] |
| Filing 93 PETITIONER'S BRIEF FILED A/Pet's Brief deadline satisfied. Record Excerpts due on 04/06/2026 for Petitioner Charlie's Chalk Dust L.L.C.. Appellee's Brief due on 04/20/2026 for Respondents Food & Drug Administration, Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services, Martin A. Makary and United States Department of Health and Human Services [25-60609] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C.. Date of service: 03/20/2026 via email - Attorney for Petitioner: Gotting; Attorney for Respondents: Koppel, Lewis, Starcher [25-60609] (Eric P. Gotting ) [Entered: 03/20/2026 10:56 AM] |
| Filing 92 CLERK ORDER granting Motion to extend time to file appellant's brief filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. [ # 91 ] A/Pet's Brief deadline updated to 03/20/2026 for Petitioner Charlie's Chalk Dust L.L.C. [25-60609] (MVM) [Entered: 01/15/2026 02:59 PM] |
| Filing 91 UNOPPOSED MOTION filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. to extend time to file brief as appellant until 03/20/2026 [91]. Date of service: 01/15/2026 via email - Attorney for Petitioner: Gotting; Attorney for Respondents: Koppel, Lewis, Starcher [25-60609] (Eric P. Gotting ) [Entered: 01/15/2026 01:20 PM] |
| Filing 90 BRIEFING NOTICE ISSUED A/Pet's Brief Due on 02/18/2026 for Petitioner Charlie's Chalk Dust L.L.C.. [25-60609] (MVM) [Entered: 01/05/2026 03:00 PM] |
| Filing 89 Certified List FILED in lieu of record.Administrative record deadline satisfied. [25-60609] (MVM) [Entered: 01/05/2026 02:59 PM] |
| Filing 88 CERTIFIED LIST filed. Date of Service: 12/30/2025 via email - Attorney for Petitioner: Gotting; Attorney for Respondents: Koppel, Lewis, Starcher [25-60609] (Jack Starcher ) [Entered: 12/30/2025 01:56 PM] |
| Filing 87 COURT ORDER granting Motion for stay marketing denial orders pending judicial review [ # 68 ]; granting Motion to place material under seal filed by Respondents FDA, HHS, Mr. Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services and Mr. Martin A. Makary; Respondents' unopposed motion to file a redacted version of the motion for stay pending appeal is GRANTED. Respondents are DIRECTED to file a redacted version of the motion for stay pending appeal within fourteen days of the date of this order. [ # 72 ] [25-60609] (ABT) [Entered: 12/24/2025 10:10 AM] |
| Filing 86 LETTER filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. This is linked to the Order from 12/11/2025 ECF No. 79. Date of Service: 12/24/2025 via email - Attorney for Petitioner: Gotting; Attorney for Respondents: Koppel, Lewis, Starcher [25-60609] (Eric P. Gotting ) [Entered: 12/24/2025 08:24 AM] |
| Filing 81 REDACTED RESPONSE/OPPOSITION filed by FDA, Mr. Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services, Mr. Martin A. Makary and HHS [81] to the Motion for stay pending appeal [ # 68 ] Date of Service: 12/19/2025. [25-60609] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: REDACTED RESPONSE/OPPOSITION filed by FDA, HHS, Mr. Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services and Mr. Martin A. Makary [81] to the Motion [ # 68 ] Date of Service: 12/19/2025 via email - Attorney for Petitioner: Gotting; Attorney for Respondents: Koppel, Lewis, Starcher. [25-60609] (Jack Starcher ) [Entered: 12/19/2025 02:08 PM] |
| Filing 80 REPLY filed by [80] to the Response/Opposition filed by Respondents FDA, HHS, Mr. Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services and Mr. Martin A. Makary in 25-60609 [ # 73 ]. [25-60609] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C.. Date of service: 12/17/2025 via email - Attorney for Petitioner: Gotting; Attorney for Respondents: Koppel, Lewis, Starcher [25-60609] (Eric P. Gotting ) [Entered: 12/17/2025 12:05 PM] |
| Filing 79 COURT ORDER granting Motion to place motion for stay pending judicial review and exhibits in support under seal filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. [ # 62 ] On or before December 24, 2025, Petitioners are DIRECTED to file redacted versions of the motion for stay pending judicial review and exhibits in support, redacting only those portions that contain confidential business information. The unredacted motion for stay pending judicial review and unredacted exhibits in support shall be SEALED and will remain on file for the court's use. [25-60609] (MVM) [Entered: 12/11/2025 08:32 AM] |
| Filing 73 RESPONSE/OPPOSITION filed by FDA, Mr. Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services, Mr. Martin A. Makary and HHS [73] to the Motion for stay pending appeal [ # 68 ]Response/Opposition deadline satisfied. [25-60609] (MVM) [Entered: 12/10/2025 02:00 PM] |
| Filing 72 UNOPPOSED MOTION filed by Respondents FDA, Mr. Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services, Mr. Martin A. Makary and HHS to place response to motion for stay pending judicial review under seal [72]. [25-60609] (MVM) [Entered: 12/10/2025 01:59 PM] |
| Filing 71 MOTION AND/OR DOCUMENT UNDER TEMPORARY SEAL pending a ruling by the court filed by Respondents FDA, HHS, Mr. Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services and Mr. Martin A. Makary unopposed motion to file "response to petitioners' motion for stay pending judicial review" under seal This document is unopposed. Date of service: 12/10/2025 via email - Attorney for Petitioner: Gotting; Attorney for Respondents: Koppel, Lewis, Starcher [25-60609] (Jack Starcher ) [Entered: 12/10/2025 01:01 PM] |
| Filing 70 RESPONSE DUE to Motion for stay pending appeal [ # 68 ]Response/Opposition deadline updated to 12/10/2025 [25-60609] (MVM) [Entered: 12/01/2025 03:03 PM] |
| Filing 69 EXTENSION RECEIVED for Respondents FDA, Mr. Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services, Mr. Martin A. Makary and HHS. Extension Granted to and including 12/10/2025 to file a response . [25-60609] (MVM) [Entered: 12/01/2025 03:03 PM] |
| Filing 66 UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Respondents FDA, HHS, Mr. Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services and Mr. Martin A. Makary for filing Opposition to Motion for Stay Pending Judicial Review until 12/10/2025 [25-60609] (Jack Starcher ) [Entered: 12/01/2025 10:32 AM] |
| Filing 68 OPPOSED MOTION for stay pending judicial review. [68]. Date of service: 11/25/2025. Response/Opposition due on 12/05/2025. [25-60609] (RLL) [Entered: 12/01/2025 02:38 PM] |
| Filing 62 UNOPPOSED MOTION filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. to place motion for stay pending judicial review under seal [62]. Date of service: 11/25/2025. [25-60609] (RLL) [Entered: 11/26/2025 11:35 AM] |
| Filing 61 MOTION AND/OR DOCUMENT UNDER TEMPORARY SEAL pending a ruling by the court filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C.This document is unopposed. Date of service: 11/25/2025 via email - Attorney for Petitioner: Gotting; Attorney for Respondents: Koppel, Lewis, Starcher [25-60609] (Eric P. Gotting ) [Entered: 11/25/2025 04:20 PM] |
| Filing 59 REDACTED RESPONSE/OPPOSITION [59] to the Motion to stay order filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. in 25-60609 [ # 6 ] [25-60609] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: REDACTED RESPONSE/OPPOSITION filed by FDA, HHS, Mr. Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services and Mr. Martin A. Makary [59] to the Motion filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. [ # 6 ] Date of Service: 11/21/2025 via email - Attorney for Petitioner: Gotting; Attorney for Respondents: Koppel, Lewis, Starcher, Vicente. [25-60609] (Benjamin Lewis ) [Entered: 11/21/2025 02:56 PM] |
| Filing 58 COURT ORDER granting Motion for a temporary administrative stay of FDAs marketing denial order, until a forthcoming motion for stay is resolved filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. [ # 6 ] [25-60609] (MVM) [Entered: 11/10/2025 02:16 PM] |
| Filing 53 REPLY filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. [53] to the Response/Opposition filed by Respondents FDA, Mr. Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services, Mr. Martin A. Makary, HHS, FDA, Mr. Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services, Mr. Martin A. Makary and HHS [ # 43 ]. Date of Service: 11/07/2025 via email - Attorney for Petitioner: Gotting; Attorney for Respondents: Koppel, Lewis, Starcher, Vicente. [25-60609] (Eric P. Gotting ) [Entered: 11/07/2025 04:17 PM] |
| Filing 52 COURT ORDER: IT IS ORDERED that Respondents' unopposed motion to file their response under seal is GRANTED. [ # 42 ] [25-60609] (RAJ) [Entered: 11/07/2025 03:38 PM] |
| Filing 47 COURT ORDER: IT IS ORDERED that Petitioners' unopposed motion to file the emergency motion and exhibtis to say the FDA's order under seal is GRANTED. [ # 7 ] [25-60609] (RAJ) [Entered: 11/07/2025 02:06 PM] |
| Filing 43 RESPONSE/OPPOSITION filed by FDA, Mr. Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services, Mr. Martin A. Makary and HHS [43] to the Motion to stay order filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. in 25-60609 [ # 6 ] [25-60609] (RAJ) [Entered: 11/07/2025 11:36 AM] |
| Filing 42 UNOPPOSED MOTION filed by Respondents FDA, Mr. Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services, Mr. Martin A. Makary and HHS to place response under seal [42]. [25-60609] (RAJ) [Entered: 11/07/2025 11:34 AM] |
| Filing 41 MOTION AND/OR DOCUMENT UNDER TEMPORARY SEAL pending a ruling by the court filed by Respondents FDA, HHS, Mr. Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services and Mr. Martin A. MakaryThis document is unopposed. Date of service: 11/07/2025 via email - Attorney for Petitioner: Gotting; Attorney for Respondents: Koppel, Lewis, Starcher, Vicente [25-60609] (Benjamin Lewis ) [Entered: 11/07/2025 11:09 AM] |
| Filing 39 APPEARANCE FORM FILED by Attorney(s) Eric P. Gotting for party(s) Petitioner FOK of Houma L.L.C. Petitioner Charlie's Chalk Dust L.L.C., in case 25-60609 [25-60609] (JAK) [Entered: 11/07/2025 10:26 AM] |
| Filing 35 COURT DIRECTIVE ISSUED requesting a response to the Motion to stay order filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. in 25-60609 [ # 6 ] Response/Opposition due by noon on 11/07/2025. [25-60609] (RAJ) [Entered: 11/06/2025 01:45 PM] |
| Filing 33 APPEARANCE FORM FILED by Attorney(s) Benjamin Lewis for party(s) Respondent FDA Respondent HHS Respondent Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services Respondent Martin A. Makary, in case 25-60609 [25-60609] (RAJ) [Entered: 11/06/2025 01:33 PM] |
| Filing 31 APPEARANCE FORM FILED by Attorney(s) Jack Starcher for party(s) Respondent FDA Respondent HHS Respondent Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services Respondent Martin A. Makary, in case 25-60609 [25-60609] (RAJ) [Entered: 11/06/2025 01:29 PM] |
| Filing 29 APPEARANCE FORM FILED by Attorney(s) Joshua Koppel for party(s) Respondent FDA Respondent HHS Respondent Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services Respondent Martin A. Makary, in case 25-60609 [25-60609] (RAJ) [Entered: 11/06/2025 01:26 PM] |
| Filing 28 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-60609] (Benjamin Lewis ) [Entered: 11/06/2025 12:18 PM] |
| Filing 27 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [25-60609] (Jack Starcher ) [Entered: 11/06/2025 12:11 PM] |
| Filing 26 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-60609] (Joshua Koppel ) [Entered: 11/06/2025 12:03 PM] |
| Filing 25 LETTER OF ADVISEMENT. Reason: Advising of after hours emergency filings procedure. [25-60609] (RAJ) [Entered: 11/05/2025 07:50 PM] |
| Filing 24 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [24] Initial AA Check Due satisfied. [25-60609] (RAJ) [Entered: 11/05/2025 07:48 PM] |
| Filing 14 EXHIBIT - D (Confidential) IN SUPPORT of Motion to stay order [ # 6 ] filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. [25-60609] (RAJ) [Entered: 11/05/2025 03:58 PM] |
| Filing 13 EXHIBIT - D (Redacted) IN SUPPORT of Motion to stay order [ # 6 ] filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. [25-60609] (RAJ) [Entered: 11/05/2025 03:55 PM] |
| Filing 12 EXHIBIT - C IN SUPPORT of Motion to stay order [ # 6 ] filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. [25-60609] (RAJ) [Entered: 11/05/2025 03:52 PM] |
| Filing 11 EXHIBIT - B (Confidential) IN SUPPORT of Motion to stay order [ # 6 ] filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. [25-60609] (RAJ) [Entered: 11/05/2025 03:49 PM] |
| Filing 10 EXHIBIT - B IN SUPPORT of Motion to stay order [ # 6 ] filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. [25-60609] (RAJ) [Entered: 11/05/2025 03:46 PM] |
| Filing 9 EXHIBIT - A IN SUPPORT of Motion to stay order [ # 6 ] filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. [25-60609] (RAJ) [Entered: 11/05/2025 03:43 PM] |
| Filing 8 Cover letter filed [25-60609] (RAJ) [Entered: 11/05/2025 03:38 PM] |
| Filing 7 MOTION filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. to place motion and exhibits under seal [7]. [25-60609] (RAJ) [Entered: 11/05/2025 03:36 PM] |
| Filing 6 OPPOSED MOTION filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. to stay order of the U.S. Food & Drug Administration dated 10/28/2025. [6]. [25-60609] (RAJ) [Entered: 11/05/2025 03:33 PM] |
| Filing 5 MOTION AND/OR DOCUMENT UNDER TEMPORARY SEAL pending a ruling by the court filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C.This document is unopposed. Date of service: 11/05/2025 via email - Attorney for Petitioner: Gotting; Attorney for Respondent: Vicente [25-60609] (Eric P. Gotting ) [Entered: 11/05/2025 01:59 PM] |
| Filing 4 APPEARANCE FORM received from Mr. Eric P. Gotting for Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C. for the court's review. Lead Counsel? Yes. [25-60609] (Eric P. Gotting ) [Entered: 11/04/2025 05:39 PM] |
| Filing 1 AGENCY CASE docketed. Petition for review filed by Petitioners Charlie's Chalk Dust L.L.C. and FOK of Houma L.L.C.. Date received in 5th Circuit: 11/04/2025. Administrative Record due on 12/15/2025 [25-60609] (SH) [Entered: 11/04/2025 04:52 PM] |
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