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http://www.tobacco-on-trial.com/2016/10/26/docket-for-nicopure-labs-v-fda-et-al-oct-17-26-2016/
MINUTE ORDER. By Tuesday, November 1, 2016, each side in this case shall file one supplemental memorandum . . . defendants’ memorandum must explain to the Court: what is it exactly that a manufacturer of a nicotine-free liquid is required to do to comply with the Rule (which is in effect, and assuming it is not invalidated by the Court) at this time? How would the FDA undertake its case-by-case analysis to determine if a liquid is subject to the Deeming Rule as a “tobacco product” under the statute without the information to be supplied in the pre-market review application, and why would a manufacturer be legally required to submit the application if the liquid was not a “tobacco product” in the first place?
Looks like the judge may not be falling for the FDA's "it's all tobacco now" bullshit. - 5150
MINUTE ORDER. By Tuesday, November 1, 2016, each side in this case shall file one supplemental memorandum . . . defendants’ memorandum must explain to the Court: what is it exactly that a manufacturer of a nicotine-free liquid is required to do to comply with the Rule (which is in effect, and assuming it is not invalidated by the Court) at this time? How would the FDA undertake its case-by-case analysis to determine if a liquid is subject to the Deeming Rule as a “tobacco product” under the statute without the information to be supplied in the pre-market review application, and why would a manufacturer be legally required to submit the application if the liquid was not a “tobacco product” in the first place?
Looks like the judge may not be falling for the FDA's "it's all tobacco now" bullshit. - 5150