BREEZE SMOKE v. UNITED STATES FOOD AND DRUG ADMIN.

No. 21-3902.

18 F.4th 499 (2021)

BREEZE SMOKE, LLC, Petitioner, v. UNITED STATES FOOD AND DRUG ADMINISTRATION, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 12, 2021.


Attorney(s) appearing for the Case

ON EMERGENCY MOTION FOR ADMINISTRATIVE STAY AND REPLY: Brian T. Burgess , Andrew Kim , GOODWIN PROCTER LLP, Washington, D.C., for Petitioner. ON RESPONSE: Kathleen B. Gilchrist , Hilary K. Perkins , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. ON MOTION TO FILE AMICUS BRIEF AND ON BRIEF: Jacquelyn A. Klima , KERR, RUSSELL, AND WEBER, PLC, Detroit, Michigan, for Amicus Curiae.

The court delivered an order. KETHLEDGE, Circuit Judge, (pg. 508), delivered a separate dissenting opinion.


ORDER

Breeze Smoke, LLC petitions for review of a Food and Drug Administration ("FDA") order denying its Premarket Tobacco Product Applications for certain of its electronic nicotine delivery systems ("ENDS"). Breeze Smoke moves for a stay of the FDA's order. In addition, several parties—the American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association, Campaign for Tobacco-Free Kids,...

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