LIQUID LABS LLC, Petitioner,
v.
UNITED STATES FOOD AND DRUG ADMINISTRATION.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Submitted Under Third Circuit L.A.R. 34.1(a) October 3, 2022.
Filed: October 27, 2022.
Attorney(s) appearing for the Case
Kevin T. Duffy, Jr. , Duffy & Staab, 165 West Putnam Avenue, Suite 2B, Greenwich, CT 06903, Gary G. Staab , Duffy & Staab, 2 William Street, The Kennedy Building, Suite 302, White Plains, NY 10601, Counsel for Petitioner.
Arun G. Rao , Gustav W. Eyler , Hilary K. Perkins , Jonathan E. Amgott , United States Department of Justice, Consumer Protection Branch, 450 5th Street, N.W., Suite 6400 South, Washington, DC 20001, Brian M. Boynton , Joshua Koppel , United States Department of Justice, Civil Division, 950 Pennsylvania Avenue, N.W., Room 7212, Washington, DC 20530, Daniel J. Barry , United States Department of Health & Human Services, 200 Independence Avenue, S.W., Washington, DC 20201, Wendy S. Vicente , Marci B. Norton , Food and Drug Administration, Office of the Chief Counsel, 10903 New Hampshire Ave., Silver Spring, MD 20993, Counsel for Respondent.
James G. Troutman , Troutman Law Office, 4205 Springhurst Boulevard, Suite 201, Louisville, KY 40241, Counsel for Amicus Petitioners 38 National and State Electronic Nicotine Delivery System Product Advocacy Associations.
Mary G. Bielaska , Zanicorn Legal, 845 Third Avenue, 6th Floor, New York, NY 10022, Counsel for Amicus Petitioners Dr. David B. Abrams, Clive D. Bates, and Professor David T. Sweanor, J.D.
William B. Schultz , Zuckerman Spaeder, 1800 M Street, N.W., Suite 1000, Washington, DC 20036, Counsel for Amicus Respondents Medical and Public Health Groups.
Before: CHAGARES, Chief Judge, SHWARTZ and SCIRICA, Circuit Judges.
OPINION OF THE COURT
SHWARTZ, Circuit Judge.
Liquid Labs LLC ("Liquid Labs") sought permission from the Food and Drug Administration ("FDA") to market products used in e-cigarettes. The FDA denied the request, and Liquid Labs petitions for review. Because the FDA's order was within its statutory authorities and the Administrative Procedure...
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