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R.J. REYNOLDS TOBACCO v. U.S. FOOD AND DRUG ADMIN.

Civil Case No. 11-1482 (RJL).

845 F.Supp.2d 266 (2012)

R.J. REYNOLDS TOBACCO COMPANY, Lorillard Tobacco Company, Commonwealth Brands, Inc., Liggett Group LLC, and Santa Fe Natural Tobacco Company, Inc., Plaintiffs, v. UNITED STATES FOOD AND DRUG ADMINISTRATION, Margaret Hamburg, Commissioner of the United States Food and Drug Administration, and Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, Defendants.

United States District Court, District of Columbia.

February 29, 2012.

Attorney(s) appearing for the Case

Geoffrey Kres Beach , Womble, Carlyle, Sandridge & Rice, LLP, Winston-Salem, NC, Noel John Francisco , Warren Postman , Jones Day, Patricia Anne Barald , U.S. Commodity Futures Trading Commission, Scott Darren Danzis , Covington & Burling LLP, Philip Jonathan Perry , Latham & Watkins, Jonathan D. Hacker , O'Melveny & Myers, LLP, Washington, DC, Floyd Abrams , Joel L. Kurtzberg , Kayvan Sadeghi , Cahill Gordon & Reindel LLP, New York, NY, for Plaintiffs.

Drake S. Cutini , Daniel K. Crane-Hirsch , U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION

RICHARD J. LEON, District Judge.

Plaintiffs in this case ("plaintiffs") are five tobacco companies, which include the second-, third-, and fourth-largest tobacco manufacturers and the fifth-largest cigarette manufacturer in the United States. Complaint ("Compl."), Aug. 16, 2011, ¶¶ 8-12 [Dkt. # 1]. In June 2011, defendant United States Food and Drug Administration ...

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