UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

VPR BRANDS, LP, )

)

Plaintiff, )

)

v. ) Case No. 9:22-cv-81576

)

SHENZHEN WEIBOLI TECHNOLOGY )

CO., LTD., YLSN DISTRIBUTION LLC, )

ECTO WORLD LLC, SAFA GOODS LLC, )

D&A DISTRIBUTION LLC, UNISHOW )

(U.S.A.), INC., SV3 LLC, and KINGDOM )

VAPOR INC., )

)

Defendants. )

)

DEFENDANTS’ MOTION FOR JUDICIAL NOTICE

Defendants Shenzhen Weiboli Technology Co., Ltd. (“Weiboli”), YLSN Distribution 

LLC, ECTO World LLC, Safa Goods LLC, D&A Distribution LLC, Unishow (U.S.A.), Inc., SV3 

LLC, and Kingdom Vapor Inc. (collectively, “Defendants”), respectfully request that this Court 

take judicial notice of certain publicly available documents (attached to the Declaration of Anna 

Stressenger filed in support of motion) in support of Defendants’ Motion to Dismiss. 

Federal Rule of Evidence 201 authorizes this Court to take judicial notice of documents 

that are “not subject to reasonable dispute because [they] can be accurately and readily determined 

from sources whose accuracy cannot be reasonably questioned.” Id. at 201(b)(2). Fed. R. Evid.

201 permits this Court to take this notice “at any stage of the proceeding” either “on its own” or 

“if a party requests it and the court is supplied with the necessary information.” Id. at 201(c)(2), 

(d). 

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Federal district courts regularly take judicial notice of public records available on FDA’s 

website because such materials satisfy the requirements of Federal Rule of Evidence 201. See, e.g., 

Hernandez v. Aurobindo Pharma USA, Inc., 582 F. Supp. 3d 1192, 1200 (M.D. Fla. 2022) 

(collecting cases); Leroy v. Medtronic, Inc., No. 3:14-cv-284, 2015 U.S. Dist. LEXIS 98902, at 

**12-14 (N.D. Fla. Feb. 12, 2015) (collecting cases).

The six documents, which have all been released to the public on FDA’s website, include

the following: 

1. FDA, Premarket Tobacco Product Marketing Granted Orders.1

2. FDA, Guidance for Industry, Enforcement Priorities for Electronic Nicotine Delivery 

Systems (ENDS) and Other Deemed Products on the Market Without Premarket 

Authorization (Revised) (Apr. 2020).

2

3. FDA, Press Release, FDA Finalizes Enforcement Policy on Unauthorized Flavored 

Cartridge-Based E-Cigarettes that Appeal to Children, Including Fruit and Mint (Jan 2, 

2020).3

4. FDA, Submit Tobacco Product Applications for Deemed Tobacco Products: Resources for 

Applicants Required to Submit by September 9, 2020.

4

5. April 27, 2020 Warning Letter from FDA to EightCig, LLC d/b/a EightCig Distribution. 5

6. April 27, 2020 Warning Letter from FDA to Shenzhen Uwell Technology Co., Ltd. d/b/a 

DTD Distribution Inc.6

As explained in the attached Declaration of Anna Stressenger, which is marked as Exhibit 

A hereto, the above documents have been downloaded from the publicly available links included 

1 Available at, https://www.fda.gov/tobacco-products/premarket-tobacco-productapplications/premarket-tobacco-product-marketing-granted-orders. 

2 Available at, https://www.fda.gov/media/133880/download. 

3 Available at, https://tinyurl.com/fhu6syv2.

4 Available at, https://tinyurl.com/3j6kh7bn. 

5 Available at, https://tinyurl.com/46f3fpj2.

6 Available at, https://tinyurl.com/yc3m62rw.

Case 9:22-cv-81576-AMC Document 29 Entered on FLSD Docket 11/16/2022 Page 2 of 4
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in footnotes 1-6, below, and true and correct copies are attached hereto as Attachments A through 

F to Ms. Stressenger’s Declaration.

CONCLUSION

For the foregoing reasons, Defendants respectfully request that this Court take judicial 

notice of the above-listed documents.

LOCAL RULE 7.1 CERTIFICATION

The undersigned counsel certifies, pursuant to Local Rule 7.1(a)(3), that counsel has made 

reasonable efforts to confer in writing with all parties and non-parties who may be affected by the 

relief sought in this motion but has been unable to do so. Specifically, counsel Eric N. Heyer sent 

an email to Plaintiff’s counsel, Joel Rothman at joel@sriplaw.com, on November 15, 2022, at 

1:48pm EST requesting that Plaintiff’s counsel indicate whether Plaintiff would consent to, or at 

least not oppose, a request for judicial notice of the documents which are the subject of this motion, 

for the purposes of both the November 18, 2022 hearing on Plaintiff’s motion for preliminary 

injunction and Defendants’ planned motion to dismiss. Mr. Heyer included the names of the 

documents and their respective website links, just as they are included in this Motion. Mr. Heyer 

offered to set up a call should Mr. Rothman like to discuss. As of the date of this Motion, Plaintiff’s 

counsel has not responded to the email. 

Dated: November 16, 2022. Respectfully Submitted,

By: /s/ Tucker Motta

Tucker C. Motta, Esq.

Fla. Bar No. 112659

MCDOWELL HETHERINGTON LLP

2385 N.W. Executive Center Drive, Ste. 400

Boca Raton, FL 33231

Phone: (561) 994-4311

Fax: (561) 982-8985

tucker.motta@mhllp.com

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Eric N. Heyer (admitted pro hac vice)

Carrie A. Shufflebarger (admitted pro hac vice)

 Meixuan (Michelle) Li (admitted pro hac vice)

 Anna Stressenger (admitted pro hac vice)

 Krupa A. Patel (admitted pro hac vice)

 THOMPSON HINE LLP

 1919 M Street, NW, Suite 700

 Washington, DC 20036

 Phone: 202.331.8800

 Fax: 202.331.8330

 eric.heyer@thompsonhine.com

 carrie.shufflebarger@thompsonhine.com

 michelle.li@thompsonhine.com

 anna.stressenger@thompsonhine.com

 krupa.patel@thompsonhine.com 

 Counsel for Defendants

CERTIFICATE OF SERVICE

I certify that on November 16, 2022, I electronically filed the foregoing with the Clerk of 

the Court by using the CM/ECF system which will send a notice of electronic filing to the 

following:

Joel B. Rothman, Esq.

SRIPLAW, P.A.

21301 Powerline Road, Suite 100

Boca Raton, FL 33433

joel.rothman@sriplaw.com

Counsel for Plaintiff

/s/Tucker C. Motta

Tucker C. Motta

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