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PROHIBITION JUICE CO. v. U.S. FOOD AND DRUG ADMIN.

No. 21-1201 Consolidated with 21-1203, 21-1205, 21-1207.

45 F.4th 8 (2022)

PROHIBITION JUICE CO., Petitioner v. UNITED STATES FOOD AND DRUG ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 26, 2022.

Attorney(s) appearing for the Case

Jerad Wayne Najvar argued the cause and filed the briefs for petitioners.

J. Gregory Troutman was on the brief for amici curiae 36 National and State Electronic Nicotine Delivery System Product Advocacy Associations in support of petitioners.

Scott P. Kennedy , Trial Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Brian M. Boynton , Principal Deputy Assistant Attorney General, and Hilary K. Perkins , Assistant Director. Courtney Dixon , Kathleen Gilchrist , Alisa B. Klein , Joshua M. Koppel , and Lindsey Powell , Attorneys, entered appearances.

William B. Schultz and Andrew N. Goldfarb were on the brief for amici curiae Medical and Public Health Groups in support of respondent.

Concurring opinion filed by Circuit Judge Katsas.

More than 3.6 million young people in the United States reported using e-cigarettes in 2020, including nearly one in five high school students. That makes e-cigarettes "the most widely used tobacco product among youth by far." FDA, Technical Project Lead (TPL) Review of PMTAs (2021) (FDA Technical Review), at 6. The...

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