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.
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.
United States Court of Appeals, District of Columbia Circuit.
BROWN, Circuit Judge:
The Family Smoking Prevention and Tobacco Control Act ("the Act"), Pub.L. No. 111-31, 123 Stat. 1776 (2009), directed the Secretary of the U.S. Department of Health and Human Services to issue regulations requiring all cigarette packages manufactured or sold in the United States to bear one of nine new textual warnings, as well as "color graphics depicting the negative health consequences of smoking." See id. § 201(a). Pursuant to...
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