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PHILIP MORRIS USA INC. v. U.S. FOOD & DRUG ADMIN.

Civil No. 15-cv-1590 (APM).

202 F.Supp.3d 31 (2016)

PHILIP MORRIS USA INC., et al., Plaintiffs, v. UNITED STATES FOOD AND DRUG ADMINISTRATION, et al., Defendants.

United States District Court, District of Columbia.

Signed August 16, 2016.

Attorney(s) appearing for the Case

Anthony J. Frame, Robert Neil Weiner, Arnold & Porter LLP, Miguel A. Estrada, Amir Cameron Tayrani, Gibson, Dunn & Crutcher, LLP, Mark Steven Brown, Ashley Charles Parrish, King & Spalding, LLP, Noel John Francisco, Ryan Jeffrey Watson, Jones Day, Mark Henry Lynch, Benjamin Conrad Block, Covington & Burling LLP, Washington, DC, for Plaintiffs.

James T. Nelson, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION

I. INTRODUCTION

In 2009, Congress passed the landmark Family Smoking Prevention and Tobacco Control Act ("TCA" or "the Act"). Under the TCA, Congress made the United States Food and Drug Administration ("FDA") the "primary Federal regulatory...

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