FILED FOR PUBLICATION AUG 03 2016 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANIMAL LEGAL DEFENSE FUND, No. 13-17131 Plaintiff-Appellant, D.C. No. 3:12-cv-04376-EDL Northern District of California, v. San Francisco U.S. FOOD & DRUG ADMINISTRATION, ORDER Defendant-Appellee.

THOMAS, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.