PUBLIC CITIZEN v. F.T.C.

No. 88-5209.

869 F.2d 1541 (1989)

PUBLIC CITIZEN, et al. v. FEDERAL TRADE COMMISSION, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 14, 1989.


Attorney(s) appearing for the Case

Lawrence DeMille-Wagman, Attorney, F.T.C., with whom Robert D. Paul, Gen. Counsel, and Ernest J. Isenstadt, Asst. Gen. Counsel, F.T.C., Washington, D.C., were on the brief for appellant.

David C. Vladeck, with whom Alan B. Morrison, Washington, D.C., was on the brief for appellees.

James G. O'Hara, with whom Garret G. Rasmussen, Washington, D.C., was on the brief for The Smokeless Tobacco Council, Inc. as amicus curiae, urging the judgment of the District Court be vacated.

Kathryn A. Oberly, Washington, D.C., also entered an appearance for amicus curiae, The Smokeless Tobacco Council, Inc.

Paul D. Kamenar, Washington, D.C., entered an appearance for amicus curiae, Washington Legal Foundation.

Before WALD, Chief Judge, MIKVA, Circuit Judge, and GREENE, District Judge.


Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

In 1986, Congress passed the Comprehensive Smokeless Tobacco Health Education Act, 15 U.S.C. §§ 4401-4408 ("Smokeless Tobacco Act" or "Act"). The Act established a comprehensive scheme under which producers and distributors of smokeless tobacco products (e.g., snuff and chewing tobacco) are required to include health warnings on all smokeless tobacco packages, as well as in...

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