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