SE V. FDA Daily Docket Update-

[lordmage]

all these produces for such a simple task for Christ sake. jargon again

[Sun Vaporer]

Welcome to the system Lord--it is the only one we have


Sun

[lordmage]

they just need some

[Sun Vaporer]

There was a few procedural manuvers today on the Docket, but nothing of relevance. Taking a look at the Appeal’s Court Panel, here is the rundown of the Panel Justices assigned to this case:
　
Judge Ginsburg was appointed to the United States Court of Appeals in November 1986 and graduated from Cornell University (B.S. 1970) and from the University of Chicago Law School (J.D. 1973).

Judge Henderson was appointed United States Circuit Judge in July 1990. She received her degree from Duke University and her law degree from the University of North Carolina

Judge Rogers was appointed to the United States Court of Appeals in March 1994. She graduated from Radcliffe College and Harvard Law School, and received a Master of Laws degree from the University of Virginia Law School.
　
　
I have read some of each of their Decisions and all three of them seem very open minded.
　
Sun

[Sun Vaporer]

Today, as mandated by the Appeal's Court, the FDA submitted it's Reply for a Stay as follows:


.... That the intented use of an e-cig is indeed for a theraputic benifit and as such, the lower court erred in ruling that it the e-cig is not a medical device and drug delivery system.

Sun

[Sun Vaporer]

Today the Docket Sheet showed that the FDA Supplemented it's Reply Brief to include 3 sets of Exhibits:
(1) A Regulatory Letter from 1987 similar to what Jerry here:

Regulatory Letter. Favor Smokeless Cigarettes Regular. Favor Smokeless Cigarette Menthol. Favor Smokeless Cigarettes Lights. Favor Smoke-Free Cigarettes Regular. Favor Smoke-Free Cigarettes Menthol. Favor Smoke-Free Cigarettes Lights

(2) The Website and brochures of Smoking Everywhere;

(3) A Letter which was an attack on Nicogel:

　
　
The FDA appears to be sticking to its stance all the way.


Sun

[Sun Vaporer]

The Court was closed early today due to the snow storm and there was no movement on the Docket Sheet.


Sun

[Sun Vaporer]

Today the Docket sheet, although showing no new entires, reveled an error as follows:

John F. Banzhaf, Executive Director of Action on Smoking and Health (ASH) as a Plaintiff - Appellee along with SE and NJOY. This is in error that the Court will correct---a little humorus though to say the least having Mr. Banzhaf in as a Plaintiff in this case.



Sun