SMOKING EVERYWHERE, INC. v. U.S. FOOD AND DRUG

Civil Case No. 09-771 (RJL).

680 F.Supp.2d 62 (2010)

SMOKING EVERYWHERE, INC., Plaintiff, and Sottera, Inc., d/b/a NJOY, Intervenor-Plaintiff, v. U.S. FOOD AND DRUG ADMINISTRATION, et al., Defendants.

United States District Court, District of Columbia.

January 14, 2010.


Attorney(s) appearing for the Case

Christopher Kip Schwartz, Eric N. Heyer, Thompson Hine, LLP, Washington, DC, Brian J. Lamb, Matthew D. Ridings, Thompson Hine, LLP, Cleveland, OH, Walt A. Linscott, Thompson Hine, LLP, Atlanta, GA, for Plaintiff.

Drake S. Cutini, Department of Justice Office of Consumer Litigation, Washington, DC, for Defendants.


MEMORANDUM OPINION

RICHARD J. LEON, District Judge.

Plaintiff, Smoking Everywhere, Inc. ("Smoking Everywhere"), and intervenor-plaintiff, 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...

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