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GRIPUM, LLC v. UNITED STATES FOOD & DRUG ADMIN.

No. 21-2840.

47 F.4th 553 (2022)

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

United States Court of Appeals, Seventh Circuit.

Decided August 29, 2022.

Attorney(s) appearing for the Case

J. Gregory Troutman , Attorney, Troutman Law Office, PLLC, Louisville, KY, for Petitioner.

Lindsey Powell , Department of Justice, Civil Division, Appellate Staff, Washington, DC, Kate Talmor , Attorney, Department of Justice, Civil Division, Federal Programs Branch, Washington, DC, Daniel J. Barry , Department of Health and Human Services, Washington, DC, for Respondent.

Mary G. Bielaska , Attorney, Zanicorn Legal PLLC, New York, NY, for Amici Curiae David B. Abrams, Doctor, Clive D. Bates, David T. Sweanor.

Rodney L. Lewis , Attorney, Polsinelli PC, Chicago, IL, for Amici Curiae American Academy of Family Physicians, American Academy of Pediatrics, American Cancer Society Cancer Action Network, American Heart Association, American Lung Association.

Before Wood, Hamilton, and Kirsch, Circuit Judges.

Gripum, LLC, manufactures and distributes hundreds of flavored liquids for use in e-cigarette devices. Seeking to take its products to market, Gripum submitted a "premarket tobacco product application" to the federal Food and Drug Administration (FDA) in September 2021. But the agency denied the application, reasoning that Gripum...

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