R.J. REYNOLDS TOBACCO CO. v. FOOD AND DRUG ADMIN.

Attorney(s) appearing for the Case

Mark B. Stern , Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Tony West , Assistant Attorney General, Beth S. Brinkmann , Deputy Assistant Attorney General, Alisa B. Klein , Sarong V. Damle , Daniel Tenny , and Lindsey Powell , Attorneys, William B. Schultz , Acting General Counsel, U.S. Department of Health and Human Services, Eric M. Blumberg , Deputy Chief Counsel, and Karen E. Schifter , Senior Counsel. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Gregory A. Beck and Allison M. Zieve were on the brief for amici curiae American Academy of Pediatrics, et al. in support of appellants.

Lawrence G. Wasden , Attorney General, Office of the Attorney General for the State of Idaho, Brett T. DeLange , Deputy Attorney General, John J. Burns , Attorney General, Office of the Attorney General for the State of Alaska, Tom Horns , Attorney General, Office of the Attorney General for the State of Arizona, Dustin McDaniel , Attorney General, Office of the Attorney General for the State of Arkansas, Kamala D. Harris , Attorney General, Office of the Attorney General for the State of California, George Jepsen , Attorney General, Office of the Attorney General for the State of Connecticut, Todd S. Kim , Solicitor General, Office of the Attorney General for the District of Columbia, David M. Louie , Attorney General, Office of the Attorney General for the State of Hawai'i, Lisa Madigan , Attorney General, Office of the Attorney General for the State of Illinois, Thomas J. Miller , Attorney General, Office of the Attorney General for the State of Iowa, William J. Schneider , Attorney General, Office of the Attorney General for the State of Maine, Douglas F. Gansler , Attorney General, Office of the Attorney for the State of Maryland, Jim Hood , Attorney General, Office of the Attorney General for the State of Mississippi, Steve Bullock , Attorney General, Office of the Attorney General for the State of Montana, Michael A. Delaney , Attorney General, Office of the Attorney General for the State of New Hampshire, Gary K. King , Attorney General, Office of the Attorney General for the State of New Mexico, Michael DeWine , Attorney General, Office of the Attorney General for the State of Ohio, Peter F. Kilmartin , Attorney General, Office of the Attorney General for the State of Rhode Island, Marty J. Jackley , Attorney General, Office of the Attorney General for the State of South Dakota, Mark L. Shurtleff , Attorney General, Office of the Attorney General for the State of Utah, William H. Sorrell , Attorney General, Office of the Attorney General for the State of Vermont, Vincent F. Frazier , Attorney General, Office of the Attorney General for the Virgin Islands, Robert M. McKenna , Attorney General, Office of the Attorney General for the State of Washington, and Darrell V. McGraw, Jr. , Attorney General, Office of the Attorney General for the State of West Virginia, were on the brief for amici curiae States.

Noel J. Francisco argued the cause for appellees. With him on the briefs were Warren D. Postman , Philip J. Perry , Jonathan D. Hacker , Floyd Abrams , Joel Kurtzberg , and Patricia A. Barald .

Bert W. Rein , John E. Barry , Robin S. Conrad , Kathryn Comerford Todd , and Sheldon Gilbert were on the brief for amicus curiae Chamber of Commerce of the United States of America in support of appellees.

Daniel J. Popeo , Cory L. Andrews , and Richard A. Samp were on the brief for amicus curiae Washington Legal Foundation.

Robert Corn-Revere and Ronald G. London were on the brief for amici curiae Association of National Advertisers Inc., et al. in support of appellees.

Jeffrey Light was on the brief for amicus curiae Defending Animal Rights Today & Tomorrow in support of neither party.

Dissenting opinion filed by Circuit Judge ROGERS.