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JOOCE v. FOOD & DRUG ADMIN.

No. 20-5048 Consolidated with 20-5049, 20-5050.

981 F.3d 26 (2020)

Moose JOOCE, et al., Appellants v. FOOD & DRUG ADMINISTRATION, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 1, 2020.

Attorney(s) appearing for the Case

Jonathan Wood argued the cause for appellants. With him on the briefs were Damien M. Schiff and Oliver Dunford , Sacramento, CA.

Lindsey Powell , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Mark B. Stern and Joshua Revesz , Attorneys, Robert P. Charrow , General Counsel, U.S. Department of Health and Human Services, and Peter G. Dickos , Associate Chief Counsel, Food and Drug Administration.

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

Less than a year ago, the court rejected three challenges by an e-cigarette manufacturer and distributor, and an e-cigarette industry group to a rule deeming e-cigarettes to be "tobacco products" subject to regulation under the Family Smoking Prevention and Tobacco Control Act, Pub. L. No. 111-31, 123 Stat. 1776 (2009) ("the...

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