R.J. REYNOLDS VAPOR COMPANY; RJR Vapor Company, L.L.C.; Avail Vapor Texas, L.L.C.; Mississippi Petroleum Marketers and Convenience Stores Association, Petitioners,
v.
FOOD & DRUG ADMINISTRATION; Robert Califf, in his official capacity as Commissioner of the United States Food & Drug Administration; United States Department of Health and Human Services; Xavier Becerra, in his official capacity as Secretary of the United States Department of Health and Human Services, Respondents.
R.J. Reynolds Vapor Company; RJR Vapor Company, L.L.C.; Avail Vapor Texas, L.L.C.; Mississippi Petroleum Marketers and Convenience Stores Association, Petitioners,
v.
United States Food & Drug Administration; Robert M. Califf, Commissioner of Food and Drugs; United States Department of Health and Human Services; Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Respondents.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
Noah T. Katzen , U.S. Department of Justice, Civil Division, Washington, DC, Scott P. Kennedy , U.S. Department of Justice, Consumer Protection Branch, Washington, DC, Alisa Beth Klein, Esq. , Joshua Koppel , Catherine Meredith Padhi , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Mark Raza , Chief Counsel, U.S. Food and Drug Administration, Food and Drug Division, OGC, Silver Spring, MD, for Respondent Xavier Becerra.
J. Gregory Troutman , Troutman Law Office, P.L.L.C., Louisville, KY, for Amicus Curiae 38 Vaping Product Advocacy Associations.
Scott P. Lewis , Anderson & Kreiger, L.L.P., Boston, MA, for Amicus Curiae Medical, Public Health, Civil Rights, and Community Groups.
Before King, Jones, and Smith, Circuit Judges.
Edith H. Jones, Circuit Judge:
The Food and Drug Administration denied petitioners' application to market menthol-flavored e-cigarettes. Petitioners seek a stay pending review of the denial order on the merits. We grant the stay.
I. BACKGROUND
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