SOTTERA, INC. v. FOOD & DRUG ADMIN.

No. 10-5032.

627 F.3d 891 (2010)

SOTTERA, INC., doing business as NJOY, Appellee, v. FOOD & DRUG ADMINISTRATION, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided December 7, 2010.


Attorney(s) appearing for the Case

Alisa B. Klein , Attorney, U.S. Department of Justice, argued the cause for appellants. With her on the briefs were Ronald C. Machen, Jr. , U.S. Attorney, Mark B. Stern and Samantha L. Chaifetz , Attorneys, Ralph S. Tyler , Chief Counsel, United States Department of Health and Human Services, Eric M. Blumberg , Deputy Chief Counsel, and Karen E. Schifter , Associate Chief Counsel. Drake S. Cutini , Attorney, U.S. Department of Justice, entered an appearance.

William B. Schultz was on the brief for amici curiae American Academy of Pediatrics, et al. in support of appellants.

Gregory G. Garre argued the cause for appellee Sottera, Inc. With him on the brief were Richard P. Bress , John R. Manthei , and Jessica E. Phillips.

Deborah M. Shelton and Christopher M. Loveland were on the brief for amici curiae Smokefree Pennsylvania, et al. in support of appellee.

Daniel J. Popeo , Richard A. Samp , Coleen E. Klasmeier , and Rebecca K. Wood were on the brief for amicus curiae Washington Legal Foundation in support of appellee.

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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases