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HOLISTIC CANDLERS AND CONSUMERS ASS'N v. FDA

No. 11-5118.

664 F.3d 940 (2012)

HOLISTIC CANDLERS AND CONSUMERS ASSOCIATION, et al., Appellants, v. FOOD & DRUG ADMINISTRATION, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 3, 2012.

Attorney(s) appearing for the Case

James S. Turner argued the cause and filed the briefs for appellants.

Andrew E. Clark, Senior Litigation Counsel, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Tony West, Assistant Attorney General, U.S. Department of Justice, William B. Schultz, Acting General Counsel, U.S. Department of Health and Human Services, and Eric M. Blumberg, Deputy Chief Counsel. Robert E. Kopp, Attorney, U.S. Department of Justice, entered an appearance.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Ear candles are hollow tubes made of fabric soaked in beeswax or paraffin; a user places one end in his ear and sets the other on fire with an open flame. The appellants are manufacturers, distributors, and users of ear candles, along with organizations that advocate the use of holistic health remedies like ear candles. Their lawsuit challenges warning letters the Food and Drug Administration (FDA) issued to several of the appellant manufacturers...

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