Legal Opinion

Nicopure Labs, LLC v. Food and Drug Administration

District Court, District of Columbia

Decided July 21, 2017No. Civil Action No. 2016-0878PublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM OPINION

AMY BERMAN JACKSON, United States District Judge

An electronic cigarette, or “e-cigarette,” is an electronic nicotine delivery device, comprised of a liquid, an atomizer or heating element that heats the liquid to create a vapor, and a battery that powers the heating element. Most liquids on the market contain nicotine.

On May 10, 2016, the Food and Drug Administration exercised its discretion to deem e-cigarettes to be “tobacco products” subject to the set of federal laws that govern the promotion and marketing of conventional cigarettes. 1 Plaintiff Nicopure Labs, LLC, which…

2Cases cited99 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  4. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  5. Spokeo, Inc. v. RobinsSupreme Court of the United States · 2016

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3Cited by14 opinions

  1. Nicopure Labs, LLC v. FDACourt of Appeals for the D.C. Circuit · 2019
  2. Groundfish Forum v. RossCourt of Appeals for the D.C. Circuit · 2019
  3. Children's Hosp. Ass'n of Tex. v. AzarCourt of Appeals for the D.C. Circuit · 2018
  4. Cigar Ass'n of Am. v. U.S. Food & Drug Admin.Court of Appeals for the D.C. Circuit · 2018
  5. American Waterways Operators v. WheelerDistrict Court, District of Columbia · 2020

9 more not listed; retrieve them via the Exa API.

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