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LOGIC TECHNOLOGY DEVELOPMENT v. UNITED STATES FDA

No. 22-3030.

84 F.4th 537 (2023)

LOGIC TECHNOLOGY DEVELOPMENT LLC, Petitioner, v. UNITED STATES FOOD AND DRUG ADMINISTRATION.

United States Court of Appeals, Third Circuit.

(Filed: October 19, 2023.)

Attorney(s) appearing for the Case

Bryan M. Haynes , Troutman Pepper, 1001 Haxall Point, 15th Floor, Richmond, VA 23219, Misha Tseytlin [ARGUED], Troutman Pepper, 227 W Monroe Street, Suite 3900, Chicago, IL 60606, Counsel for Petitioner.

Alisa B. Klein , Catherine M. Padhi [ARGUED], Lindsey Powell , United States Department of Justice, 950 Pennsylvania Avenue NW, Washington, D.C. 20530, Counsel for Respondent.

William B. Schultz , Zuckerman Spaeder, 1800 M Street NW Suite 1000, Washington, DC 20036, Counsel for Amici-Respondents.

Before: KRAUSE, PORTER, and AMBRO, Circuit Judges.

OPINION

New information and changes in the marketplace can alter consumers' decisions about the products they buy, and the same is true of the federal agencies that regulate the marketing of those products. Here, starting in early 2020, the Food and Drug Administration (FDA) began taking aggressive action to remove...

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