NICOPURE LABS, LLC v. FOOD & DRUG ADMIN.

Attorney(s) appearing for the Case

Miguel A. Estrada argued the cause for appellant Nicopure Labs, LLC. With him on the brief for amicus curiae NJOY LLC were Theodore B. Olson , Amir C. Tayani , and Jacob T. Spencer in support of plaintiffs-appellants.

Eric P. Gotting argued the cause and filed the briefs for appellants Nicopure Labs, LLC and Right to Be Smoke-Free Coalition. Douglas J. Behr entered an appearance.

Thomas J. Miller , Attorney General, and Jacob Larson , Assistant Attorney General, Office of the Attorney General for the State of Iowa, were on the brief for amicus curiae State of Iowa in support plaintiffs-appellants.

James W. Bryan was on the brief for amicus curiae Consumer Advocates for Smoke-Free Alternatives Association in support of plaintiffs-appellants.

Cory L. Andrews and Richard A. Samp were on the brief for amicus curiae Washington Legal Foundation in support of plaintiffs-appellants.

Christopher G. Browning, Jr. and Bryan Michael Haynes were on the brief for amici curiae Clive Bates and Additional Public Health/Tobacco Policy Authorities in support of plaintiffs-appellants.

Lindsey Powell , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Brett A. Shumate , Deputy Assistant Attorney General, Jessie K. Liu , U.S. Attorney, and Mark B. Stern , Alisa B. Klein , and Tyce R. Walters , Attorneys.

Scott L. Nelson , Allison M. Zieve , and Julie M. Murray were on the brief for amicus curiae Public Citizen, Inc. in support of defendants-appellees.

Charles Sims was on the brief for amici curiae First Amendment Scholars in support of defendants-appellees.

Mark Greenwold , Carlos T. Angulo , and Andrew N. Goldfarb were on the brief for amici curiae Public Health Groups in support of defendants-appellees.

Thomas Bennigson was on the brief for amicus curiae Public Health Law Center in support of defendants-appellees.

Before: Rogers and Pillard, Circuit Judges, and Sentelle, Senior Circuit Judge.