AKULA51 NOW UPDATE: Nicopure Labs LLC v FDA et al

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08/02/2016 MINUTE ORDER. Five parties have filed motions for leave to appear as amicus curiae in support of plaintiffs in this action. The 24 unopposed motion for leave to file by TechFreedom and the National Center for Public Policy Research is GRANTED, and they shall file their amicus brief, which shall be no longer than TEN PAGES, by August 5, 2016. The 25 unopposed motion for leave to file by Smoke-Free Alternatives Trade Association is GRANTED, and the Clerk of Court is directed to docket the [25-2] proposed amicus brief. The 27 motion for leave to file by Consumer Advocates for Smoke-Free Alternatives Association is DENIED. The 27 motion, which does not state the “position of each party as to the filing of the motion,” see LCvR 7(o)(2), also seeks to introduce “scientific evidence that may help dispel some of the myths regarding ENDS use,” and “hopes to have the opportunity to also present the results of its landmark 2015 survey, which includes the invaluable insight of more than 20,000 of its members, people who actually use electronic cigarettes.” This case will be decided on the basis of the existing administrative record, and the survey, however valuable it may be to the community, does not appear to be part of the existing record. The 28 and 29 motions for leave to file by Clive Bates and by the Vape a Vet Project are DENIED WITHOUT PREJUDICE because the motions do not include the position of the other parties to this action. . . . The government shall respond to the arguments raised by amici in their August 16, 2016 filing. SO ORDERED.