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CIGAR ASSN. OF AM. v. U.S. FOOD AND DRUG ADMIN.

Case No. 1:16-cv-01460 (APM), Case No. 1:18-cv-01797 (APM).

436 F.Supp.3d 70 (2020)

CIGAR ASSOCIATION OF AMERICA, et al., Plaintiffs, v. U.S. FOOD AND DRUG ADMINISTRATION, et al., Defendants. En Fuego Tobacco Shop LLC, et al., Plaintiffs, v. U.S. Food and Drug Administration, et al., Defendants.

United States District Court, District of Columbia.

Signed February 3, 2020.

Editors Note
Applicable Law: 05 U.S.C. § 702
Cause: 05 U.S.C. § 702 Administrative Procedure Act
Nature of Suit: 890 Other Statutory Actions
Source: PACER

Attorney(s) appearing for the Case

Mark S. Raffman , Andrew Kim , Mark A. Heller , Goodwin Procter, LLP, Washington, DC, for Plaintiffs Cigar Association of America and Cigar Rights of America.

Ryan E. Meltzer , Pro Hac Vice, Norton Rose Fulbright US LLP, Austin, TX, for Plaintiff Cigar Rights of America. Michael James Edney , Steptoe & Johnson LLP, Washington, DC, for Plaintiffs Cigar Association of America, Cigar Rights of America and Premium Cigar Association.

Stuart Justin Robinson , U.S. Department of Justice, San Francisco, CA, for Defendants United States Food and Drug Administration and United States Department of Health and Human Services.

Eric B. Beckenhauer , Garrett Joseph Coyle , U.S. Department of Justice, Washington, DC, for Defendants United States Food and Drug Administration, United States Department of Health and Human Services, Alex M. Azar, II and Norman E. Sharpless.

MEMORANDUM OPINION

I. INTRODUCTION

On April 25, 2014, the U.S. Food and Drug Administration ("FDA") issued a proposed rule announcing its intent to "deem" cigars and certain other tobacco products subject to the federal Food, Drug, and Cosmetic Act, 21...

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