Smoking Everywhere, Inc. v. U.S. Food & Drug Administration

MEMORANDUM OPINION

RICHARD J. LEON, District Judge.

Plaintiff, Smoking Everywhere, Inc. (“Smoking Everywhere”), and intervenorplaintiff, Sottera, Inc., which does business as “NJOY” (“NJOY”) (collectively, “plaintiffs”), are distributors of a product known as “electronic cigarettes” or “E-cigarettes.” They claim that inbound shipments of their products from overseas manufacturers have been denied entry into the United States, or have otherwise been detained, by order of the Food and Drug Administration (“FDA”) on the ground that electronic cigarettes are an unapproved drug-device combination…