Legal Opinion
Sottera, Inc. v. Food & Drug Administration
Court of Appeals for the D.C. Circuit
Decided December 7, 2010No. 10-5032PublishedCited by 28 opinions
1Opinion of the Court
Opinion for the Court filed by Senior Circuit Judge WILLIAMS.
Opinion concurring in the judgment filed by Circuit Judge GARLAND.
WILLIAMS, Senior Circuit Judge:
Sottera, Inc., which does business as NJOY, is an importer and distributor of “electronic cigarettes” or “e-cigarettes,” a product that enables users to inhale vaporized nicotine. The question before us is whether Congress has authorized the Food and Drug Administration (“FDA”) to regulate e-cigarettes under the drug/device provisions of the Federal Food, Drug, and Cosmetic Act (“FDCA”), 21 U.S.C. § 351 et seq., or under the Family…
2Cases cited7 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
- MCI Telecommunications Corp. v. American Telephone & Telegraph Co.Supreme Court of the United States · 1994
- Davis v. Pension Benefit Guaranty Corp.Court of Appeals for the D.C. Circuit · 2009
- Serono Labs Inc v. Ferring Pharm. Inc.Court of Appeals for the D.C. Circuit · 1998
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Pursuing America's Greatness v. Federal Election CommissionCourt of Appeals for the D.C. Circuit · 2016
- United States v. Anthony GadsonCourt of Appeals for the Ninth Circuit · 2014
- Larry Klayman v. Barack ObamaCourt of Appeals for the D.C. Circuit · 2015
- Ravulapalli v. NapolitanoDistrict Court, District of Columbia · 2011
- Klayman v. ObamaDistrict Court, District of Columbia · 2013
23 more not listed; retrieve them via the Exa API.