Cigar Association of America v. FDA (ORDER)

United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________

No. 23-5220 September Term, 2024 1:16-cv-01460-APM Filed On: March 26, 2025 Cigar Association of America, et al.,

Appellees v.

United States Food and Drug Administration, et al.,

Appellants

BEFORE: Millett and Pan, Circuit Judges; and Randolph, Senior Circuit Judge ORDER

Upon consideration of appellees’ petition for panel rehearing filed March 10, 2025, it is

ORDERED that the petition be granted in part. It is FURTHER ORDERED that the opinion issued January 24, 2025, be amended as follows: (1) Slip Op., p. 15, ¶ 2, line 4: Delete: “Accordingly, we reverse and remand” and Insert in lieu thereof: “Accordingly, we affirm in part, reverse in part, and remand” (2) Slip Op., p. 15, ¶ 2, line 13: Delete: “So ordered.” and Insert in lieu thereof: “Affirmed in part, reversed in part, and remanded.”

The Clerk is directed to issue the amended opinion and to amend the judgment issued January 24, 2025.

Per Curiam

FOR THE COURT: Clifton B. Cislak, Clerk BY: /s/ Daniel J. Reidy Deputy Clerk