SMOKING EVERYWHERE, INC. v. U.S. FOOD AND DRUG ADMINISTRATION et al
Plaintiff: SMOKING EVERYWHERE, INC.
Defendant: U.S. FOOD AND DRUG ADMINISTRATION, JOSHUA M. SHARFSTEIN, MARGARET HAMBURG, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, CHARLES JOHNSON and KATHLEEN SEBELIUS
Case Number: 1:2009cv00771
Filed: April 28, 2009
Court: US District Court for the District of Columbia
Office: Washington, DC Office
County: 88888
Presiding Judge: Richard J. Leon
Nature of Suit: None
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
January 14, 2010 Opinion or Order Filing 55 ORDER, For the reasons set forth in the Memorandum Opinion, it is this 14th day of January, 2010, hereby ORDERED that Smoking Everywhere's Motion for Temporary Restraining Order and/or Injunctive relief 2 , which the Court has converted to a Mo tion for Preliminary Injunction (Minute Order dated May 1, 2009), and NJOY's Motion for Preliminary Injunction 24 are GRANTED; it is further ORDERED that FDA shall not detain or refuse admission into the United States of Smoking Everywhere 9;s electronic cigarette products on the ground that those products are unapproved drugs, devices, or drug-device combinations under the Food,Drug, and Cosmetic Act ("FDCA"), 21 U.S.C. 301 et seq; it is further ORDERED that FDA shall not de tain or refuse admission into the United States of NJOY's electronic cigarette products on the ground that those products are unapproved drugs, devices, or drug-device combinations under the FDCA, absent a proffer of evidence, consistent with th e Court's Memorandum Opinion, that NJOY's products are intended to have a therapeutic effect; it is further ORDERED that the Combined Motion for Leave to Submit a Brief Amicus Curiae and Brief Amicus Curiae in Support of Defendant FDA by Ac tion on Smoking and Health 47 and Alliance of Electronic Smokers' Motion for Leave to Participate and File Brief as Amicus Curiae 49 are GRANTED; and it is further ORDERED that the Motion of Intervenor-Plaintiff Sottera, Inc. d/b/a NJOY for leave to File Reply to Defendants' September 17th Response to Proposed Amicus 52 and Plaintiff Smoking Everywhere, Inc.'s Motion for Leave to File Instanter a Status Report Concerning Recent Events Which May Impact Plaintiff's Continued Existence 53 are DENIED. SO ORDERED. Signed by Judge Richard J. Leon on 1/14/10. (kc) (see order.)
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Plaintiff: SMOKING EVERYWHERE, INC.
Represented By: Christopher Kip Schwartz
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Defendant: U.S. FOOD AND DRUG ADMINISTRATION
Represented By: Drake S. Cutini
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Defendant: JOSHUA M. SHARFSTEIN
Represented By: Drake S. Cutini
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Defendant: MARGARET HAMBURG
Represented By: Drake S. Cutini
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Defendant: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Represented By: Drake S. Cutini
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Defendant: CHARLES JOHNSON
Represented By: Drake S. Cutini
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Defendant: KATHLEEN SEBELIUS
Represented By: Drake S. Cutini
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