SE V. FDA Daily Docket Update-

[Sun Vaporer]

Docket Update December 14, 2009
Today there was no movement on the Docket Sheet. Why Judge Leon is sitting on a ruling he has already made, but will not release is anyone's guess. Frustrating at best.


It should come as no mystery that NJOY discontinued all of its flavorings. They plead that they are a tobacco product to the Court, and in doing so they must act like a tobacco product. Since the new legislation went into effect in banning flavored tobacco except for menthol, NJOY had to practice what it preached so to speak and do away with the flavors.


Sun

[Royal]

Correct me if I am wrong. But from what I have always been led to believe is that menthol flavored cigarettes are the most harmful. And it has been my understanding that all cigarettes brands use flavor enhancers in one form or another, which gives them their distinct taste. So does this mean all cigarettes can no longer use any flavor enhancers and all you get is a bland tobacco taste? I have not had an anlog for almost a year now, so I can't speak from experience.

I know that here in Texas, they are supposed to have gone to those self extinquishing cigarettes, whatever is is called. My question is; Is this not just another cancer causing chemical that has been added to them? If so, then why was this so quickly approved?

[Sun Vaporer]

Royal--the legislation spoke to the actual flavoring and marketing of flavors and specifically exempted menthol. The studies and data, oddly enough on the saftey of the use of menthol played no role in the law, rather the act was passed to abrogate a child's desire to try smoking.

The only logic to keeping menthol was that it has a long standing history and consumer user base. So it was not really a question of approving menthol rather then keeping it and doing away with "child attractive" flavors such as cherry. Even the famous Clove got the axe.


Sun

[Sun Vaporer]

Some 75 days after the last filing and with a ruling already made, Judge Leon again choose not to release it today. A ruling before the holiday would be nice. We just do not know why Judge Leon has choose to hold his decision up.


Sun

[Royal]

Hmm, not sure if this is good news or not. Maybe he is still reflecting on his decision and is not ready to commit.

IANAL (I am not a lawyer) nor do I play one on TV.

[Sun Vaporer]

Royal, Counsel for SE has stated that the Clerk's office told him the decision is in fact done, but "he chooses not to release it just yet"


I really do not know what that means and I do not think anyone does except for Judge Leon and his staff.

Is he waiting for another event to occur? Could be. I do hope we get a ruling before the New year so we can get up into that Appeals Court where the real decison is going to be made.


Sun

[Royal]

At this point in time I suppose all we can do is speculate as to what his reason is.

[Sun Vaporer]

Again Judge Leon does not release his ruling today. Again here are the Motions he is sitting on:

SE's and NJOY's Motion for a Preliminary Injunction;

Alliances's Motion for Leave to File their Amicus Curiae (Friend of the Court Brief)

SE's Motion in Opposition the ASH's Amicus Curiae Brief (remember that ASH's Motion for leave to file thier Brief was granted the minute it was filed by Judge Leon)

SE's Motion Instanter a Status Report Concerning Recent Events Which May Impact Plaintiff's Continued Existence.


So we wait.


Sun

[Sun Vaporer]

Again Judge Leon leaves the Docket Sheet cold. He has to release that ruling at some point and we will be there when he does.


Sun

[Sun Vaporer]

Again, we go into the weekend with nothing to show. Judge Leon again did not release his rulings today. Whit the holiday soon approching, the wait may be a while longer. Only Judge Leon and his staff knows when he is going to in fact release it.


Sun