CIGAR ASS'N v. UNITED STATES FOOD AND DRUG ADMIN.

No. 18-5195.

964 F.3d 56 (2020)

CIGAR ASSOCIATION OF AMERICA, et al., Appellants, v. UNITED STATES FOOD AND DRUG ADMINISTRATION, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 2020.


Attorney(s) appearing for the Case

Michael J. Edney argued the cause for appellants. With him on the briefs were Mark S. Raffman , Washington, DC, and Andrew Kim .

Mark Brnovich , Attorney General, Office of the Attorney General for the State of Arizona, and Keith Miller , Senior Litigation Counsel, were on the brief for amicus curiae State of Arizona in support of appellants.

Lindsey Powell , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Jessie K. Liu , U.S. Attorney, Mark B. Stern , Alisa B. Klein , and Tyce R. Walters , Attorneys, U.S. Department of Justice, and Robert P. Charrow , General Counsel, U.S. Department of Health and Human Services.

Nandan M. Joshi , Allison M. Zieve , and Scott L. Nelson , Washington, DC, were on the brief for amicus curiae Public Citizen in support of appellees.

Mark Greenwold and Andrew N. Goldfarb , Washington, DC, were on the brief for amici curiae Public Health Groups in support of appellees.

Rachel Bloomekatz was on the brief for amicus curiae Public Health Law Center in support of appellees.

Justin M. Pearson and Paul M. Sherman were on the brief for amicus curiae J. Scott Armstrong in support of neither party.

Before: Garland and Katsas, Circuit Judges, and Randolph, Senior Circuit Judge.


The Tobacco Control Act permits the Food and Drug Administration to regulate tobacco products for the public health, but only after considering whether the regulation would likely increase or decrease the number of smokers. Under this authority, the FDA promulgated regulations requiring extensive health warnings on packaging...

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