WAGES AND WHITE LION v. UNITED STATES FOOD & DRUG

No. 21-60766.

16 F.4th 1130 (2021)

WAGES AND WHITE LION INVESTMENTS, L.L.C., doing business as Triton Distribution, Petitioner, v. UNITED STATES FOOD AND DRUG ADMINISTRATION, Respondent.

United States Court of Appeals, Fifth Circuit.

Filed October 26, 2021.


Attorney(s) appearing for the Case

Eric Heyer , Thompson Hine, L.L.P., Washington, DC, Anthony J. Hornbach, Esq. , Thompson Hine, L.L.P., Cincinnati, OH, for Petitioner.

Lindsey E. Powell, Esq. , U.S. Department of Justice, Washington, DC, Noah T. Katzen , Hilary Keith Perkins, Esq. , U.S. Department of Justice, Civil Division, Washington, DC, Alisa Beth Klein, Esq. , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Mark Raza , Chief Counsel, Wendy S. Vicente , U.S. Food and Drug Administration, Food and Drug Division, OGC, Silver Spring, MD, for Respondent.

Leane K. Capps, Esq. , Polsinelli, P.C., Dallas, TX, for Amici Curiae American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Campaign for Tobacco-Free Kids, Parents Against Vaping e-cigarettes, Truth Initiative Foundation, doing business as Truth Initiative.

Before ELROD, OLDHAM, and WILSON, Circuit Judges.


The Food and Drug Administration denied Triton's application to market flavored e-cigarettes. Triton moved for a stay pending disposition of its petition for review. We grant the stay.

I.

A.

In 2009, Congress enacted the Family Smoking Prevention and Tobacco Control Act ("TCA") to regulate...

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