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AMERICAN ACADEMY OF PEDIATRICS v. FDA

Case No.: PWG-18-883.

399 F.Supp.3d 479 (2019)

AMERICAN ACADEMY OF PEDIATRICS, et al., Plaintiffs, v. FOOD AND DRUG ADMINISTRATION, et al., Defendants.

United States District Court, D. Maryland, Southern Division.

Filed July 12, 2019.

Editors Note
Applicable Law: 05 U.S.C. § 706
Cause: 05 U.S.C. § 706 Judicial Review of Agency Action
Nature of Suit: 899 Other Statutes: Administrative Procedures Act / Review or Appeal of Agency Decision
Source: PACER

Attorney(s) appearing for the Case

Beth Christine Neitzel, Kevin Matthew Lamb, Kelly Dunbar, Wilmer Cutler Pickering Hale & Dorr LLP, Dennis Henigan, Pro Hac Vice, Mark E. Greenwold, Pro Hac Vice, Swati Rawani, Pro Hac Vice, Campaign for Tobacco-Free Kids, Javier M. Guzman, Pro Hac Vice, Jeffrey B. Dubner, Pro Hac Vice, Democracy Forward Foundation, Washington, DC, Eve Lynne Hill, Brown Goldstein & Levy, LLP, Baltimore, MD, Lynn Eisenberg, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, DC, for Plaintiffs.

Eric B. Beckenhauer, Michelle Bennett, U.S. Department of Justice, Washington, DC, for Defendants Food and Drug Administration, Scott Gottlieb, U.S. Department of Health and Human Services, Alex M. Azar, II.

Kathleen Hoke Dachille, University of Maryland Carey School of Law, Baltimore, MD, for Defendant American Association for Respiratory Care.

MEMORANDUM OPINION AND ORDER

In a Memorandum Opinion and Order issued on May 15, 2019, I concluded that Defendants the Food and Drug Administration ("FDA"), then-Commissioner of Food and Drugs Scott Gottlieb, the U.S. Department of Health and Human Services, and Secretary...

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