S&M BRANDS, INC. v. GEORGIA EX REL. CARR

No. 17-13261.

925 F.3d 1198 (2019)

S&M BRANDS, INC., Plaintiff-Appellant, v. State of GEORGIA EX REL., Christopher M. CARR, Attorney General, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 29, 2019.


Attorney(s) appearing for the Case

Christopher G. Browning, Jr. , Troutman Sanders, LLP, Raleigh, NC, Bryan Michael Haynes , Troutman Sanders, LLP, Richmond, VA, Seth T. Ford , Troutman Sanders, LLP, Atlanta, GA, Rebecca Halle Silk , Berry Appleman & Leiden, LLP, Atlanta, GA, for Plaintiff-Appellant.

Forrest Pearce , Robin Ginsburg Cohen , Daniel Stephen Walsh , Attorney General's Office, Atlanta, GA, for Defendant-Appellee.

Before TJOFLAT and ROSENBAUM, Circuit Judges, and UNGARO, District Judge.


S&M Brands, Inc., a tobacco producer, appeals the dismissal of its suit against the State of Georgia. In its complaint for declaratory and injunctive relief, S&M pleaded several constitutional and state-law violations based on Georgia's scheme of tobacco regulation. Georgia moved to dismiss, and the District Court...

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