LSMS Capsules | 2023 | March

LEGAL UPDATE: LSMS JOINS IN AMICUS BRIEF The Louisiana State Medical Society joined in support of an amicus brief in the matter of R.J. Reynolds Vapor Company v. FDA . The case involves the marketing and sale of flavored e-cigarettes. The issue in the case is whether the Food and Drug Administration (FDA) acted lawfully when it denied marketing approval for electronic nicotine delivery systems (ENDS)—colloquially called “electronic cigarettes” or “e-cigarettes” featuring non-tobacco flavors. This case is one of many similar cases in federal circuit courts around the country involving the same legal question presented by different ENDS manufacturers. The amicus brief opposes R.J. Reynolds Vapor Company’s request for a stay of the FDA’s decision to halt further marketing and sale of its ENDS products. The amicus brief provides the court with additional evidence of the negative impact of flavored ENDS products, especially on young people.

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CLICK HERE TO READ THE FULL AMICUS BRIEF

Case: 23-60037 Document: 73-1 Page: 2 Date Filed: 02/16/2023

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SUPPLEMENTAL STATEMENT OF INTERESTED PERSONS Pursuant to Fifth Circuit Rules 27.4 and 28.2.1, the undersigned counsel of record for amici curiae certifies that the following persons and entities as described in the fourth sentence of Rule 28.2.1 , in addition to those listed in the parties’ briefs, have an interest in the outcome of this case. These representations are made in order that the judges of this Court may evaluate possible disqualification or recusal. 1. Action on Smoking and Health 2. African American Tobacco Control Leadership Council 3. American Academy of Family Physicians 4. American Academy of Pediatrics 5. American Cancer Society Cancer Action Network 6. American Heart Association 7. American Lung Association 8. American Medical Association 9. Campaign for Tobacco-Free Kids

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10. Louisiana State Medical Society 11. Parents Against Vaping e-cigarettes 12. Truth Initiative

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