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R.J. REYNOLDS TOBACCO v. U.S. FOOD AND DRUG ADMIN.

No. 14-5226.

810 F.3d 827 (2016)

R.J. REYNOLDS TOBACCO COMPANY, et al., Appellees v. UNITED STATES FOOD AND DRUG ADMINISTRATION, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided January 15, 2016.

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 Benjamin C. Mizer, Acting Assistant Attorney General, Ronald C. Machen, Jr., U.S. Attorney at the time the brief was filed, and Alisa B. Klein and Patrick G. Nemeroff, Attorneys.

Carlos T. Angulo, Andrew N. Goldfarb, Hope M. Babcock, and Mark Greenwold were on the brief for amici curiae Public Health Groups in support of appellants.

Richard M. Cooper argued the cause for appellees. With him on the brief were Peter J. Anthony and Alan Mansfield. Laura M. Klaus entered an appearance.

William G. Kelly, Jr. was on the brief for amicus curiae Center for Regulatory Effectiveness in support of appellees.

Richard A. Samp was on the brief for amicus curiae Washington Legal Foundation in support of appellees.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

With the Family Smoking Prevention and Tobacco Control Act of 2009, Pub.L. No. 111-31, § 101 (2009), Congress directed the Food and Drug Administration to establish a twelve-member Tobacco Products Scientific Advisory Committee, the duties of which included reporting on the safety of menthol cigarettes. 21 U...

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