On August 29, 2017, Plaintiffs Nicopure Labs and the Right to Be Smoke-Free Coalition appealed the adverse judgment of the U.S. District Court for the District of Columbia in Nicopure Labs, LLC, et al. v. Food & Drug Administration, et al., No. 1:16-cv-0878 (D.D.C. July 21, 2017). The District Court held for the FDA on competing Cross Motions for Summary Judgment, denying all of the plaintiffs’ statutory and constitutional challenges to the Deeming Regulation.
The appeal will be heard by the U.S. Court of Appeals for the D.C. Circuit. It will be interesting to track the course of this appeal—not only for the issues involved but also as similar challenges to the Deeming Regulations have stalled in other District Courts as a result of the FDA’s announcement of July 28, 2017, declaring a new comprehensive plan for focusing the FDA’s regulatory efforts regarding nicotine. Stay tuned.