Philip Morris USA Inc., et al v. U.S. Food and Drug Administration, et al
| PHILIP MORRIS USA INC., DHALIWAL & ASSOCIATES, INC., STEWART CANDY COMPANY and GEORGIA ASSOCIATION OF CONVENIENCE STORES, INC. |
| U.S. FOOD AND DRUG ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, COMMISSIONER, U.S. FOOD AND DRUG ADMINISTRATION and SECRETARY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
| WASHINGTON LEGAL FOUNDATION, LIGGETT GROUP, LLC, ITG BRANDS LLC, R.J. REYNOLDS TOBACCO COMPANY, SANTA FE NATURAL TOBACCO COMPANY, INC., NEOCOM, INC., RANGILA ENTERPRISES, INC., RANGILA LLC, SAHIL ISMAIL, INC. and IS LIKE YOU, INC. |
| 25-13863 |
| October 27, 2025 |
| U.S. Court of Appeals, Eleventh Circuit |
| APA Review/Appeal |
Docket Report
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| Filing 33 Corrected Amicus Brief filed by Amici Curiae R.J. Reynolds Tobacco Company; Santa Fe Natural Tobacco Company, Inc.; Neocom, Inc.; Rangila Enterps., Inc.; Rangila LLC; Sahil Ismail, Inc.; Is Like You, Inc.; ITG Brands LLC; Liggett Group LLC. [25-13863] (ECF: Ryan Watson) [Entered: 04/20/2026 05:02 PM] |
| Filing 32 Notice of deficient Amicus brief filed by Attorney Ryan Jeffrey Watson for Amici Curiae R.J. Reynolds Tobacco Company, Santa Fe Natural Tobacco Company, Inc., Neocom, Inc., Rangila Enterprises, Inc., Rangila LLC, Sahil Ismail, Inc. and Is Like You, Inc..Deficiencies: Brief does not include the source of its authority to file, per FRAP 29(a)(4)(D). [Entered: 04/17/2026 03:48 PM] |
Filing 31
ORDER: Motion for extension to file reply brief filed by Appellants Secretary, U.S. Department of Health and Human Services, U.S. Food and Drug Administration, United States Department of Health and Human Services and Commissioner, U.S. Food and Drug Administration is GRANTED by clerk [ # 30 ]. Reply brief due on 05/21/2026. Any request for a second or subsequent extension of time shall be subject to 11th Cir. R. 31-2(d). [Entered: 04/17/2026 08:56 AM]
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| Filing 30 MOTION for extension of time to file reply brief to 05/21/2026 filed by Commissioner, U.S. Food and Drug Administration, Secretary, U.S. Department of Health and Human Services, U.S. Food and Drug Administration and United States Department of Health and Human Services. Motion is Unopposed. [30] [25-13863] (ECF: Urja Mittal) [Entered: 04/16/2026 05:17 PM] |
| Filing 29 Amicus Brief as of right or by consent of the parties filed by Ryan J. Watson for R.J. Reynolds Tobacco Company; Santa Fe Natural Tobacco Company, Inc.; Neocom, Inc.; Rangila Enterps., Inc.; Rangila LLC; Sahil Ismail, Inc.; Is Like You, Inc.; ITG Brands LLC; Liggett Group LLC. [25-13863] (ECF: Ryan Watson) [Entered: 04/16/2026 04:23 PM] |
| Filing 28 APPEARANCE of Counsel Form filed by Ryan J. Watson for amici curiae R.J. Reynolds Tobacco Company; Santa Fe Natural Tobacco Company, Inc.; Neocom, Inc.; Rangila Enterprises, Inc.; Rangila LLC; Sahil Ismail, Incorporated; Is Like You, Incorporated Related cases? No. [25-13863] (ECF: Ryan Watson) [Entered: 04/16/2026 11:59 AM] |
| Filing 27 APPEARANCE of Counsel Form filed by Andrew D. Prins for ITG Brands LLC Related cases? No. [25-13863] (ECF: Andrew Prins) [Entered: 04/16/2026 11:49 AM] |
| Filing 26 APPEARANCE of Counsel Form filed by David M. Woods for Liggett Group LLC Related cases? No. [25-13863] (ECF: David Woods) [Entered: 04/15/2026 02:28 PM] |
| Filing 25 Amicus Brief as of right or by consent of the parties filed by Zac Morgan for Washington Legal Foundation. [25-13863] (ECF: Zac Morgan) [Entered: 04/15/2026 10:02 AM] |
| Filing 24 APPEARANCE of Counsel Form filed by Zac Morgan for Washington Legal Foundation Related cases? No. [25-13863] (ECF: Zac Morgan) [Entered: 04/15/2026 09:58 AM] |
| Filing 23 Supplemental Appendix [3 VOLUMES] filed by Appellee Philip Morris USA Inc.. [25-13863] (ECF: Lisa Blatt) [Entered: 04/09/2026 03:42 PM] |
| Filing 22 Appellee's Brief filed by Appellee Philip Morris USA Inc.. [25-13863] (ECF: Lisa Blatt) [Entered: 04/09/2026 03:38 PM] |
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Filing 21
ORDER: Motion for extension to file brief filed by Appellee Philip Morris USA Inc. is GRANTED. [ # 20 ] Appellees' brief due on 04/09/2026. BL (See attached order for complete text) [Entered: 02/03/2026 02:01 PM]
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| Filing 20 MOTION for extension of time to file appellee's brief to 04/09/2026 filed by Philip Morris USA Inc.. Motion is Unopposed. [20] [25-13863] (ECF: Lisa Blatt) [Entered: 01/29/2026 02:39 PM] |
| Filing 19 APPEARANCE of Counsel Form filed by Lisa S. Blatt for Dhaliwal & Associates, Inc., Georgia Association of Convenience Stores, Inc., Philip Morris USA Inc. and Stewart Candy Company. Related cases? No. [25-13863] (ECF: Lisa Blatt) [Entered: 01/29/2026 02:10 PM] |
| Filing 18 Appendix filed [3 VOLUMES] by Appellants Commissioner, U.S. Food and Drug Administration, U.S. Food and Drug Administration, Secretary, U.S. Department of Health and Human Services and United States Department of Health and Human Services. [25-13863] (ECF: Urja Mittal) [Entered: 01/22/2026 06:58 PM] |
| Filing 17 Appellant's brief filed by Commissioner, U.S. Food and Drug Administration, Secretary, U.S. Department of Health and Human Services, U.S. Food and Drug Administration and United States Department of Health and Human Services. [25-13863] (ECF: Urja Mittal) [Entered: 01/22/2026 06:51 PM] |
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Filing 16
ORDER: Motion for extension to file appellant brief filed by Appellants Secretary, U.S. Department of Health and Human Services, U.S. Food and Drug Administration, United States Department of Health and Human Services and Commissioner, U.S. Food and Drug Administration is GRANTED. [ # 13 ] Appellants' brief due on 01/22/2026. EJK (See attached order for complete text) [Entered: 12/05/2025 02:07 PM]
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| Filing 14 Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Charles McCloud for Appellees Dhaliwal & Associates, Inc., Georgia Association of Convenience Stores, Inc., Philip Morris USA Inc. and Stewart Candy Company. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [25-13863] (ECF: Charles McCloud) [Entered: 12/03/2025 01:49 PM] |
| Filing 15 Returned Mail was received for Attorney Randall A. Jordan for Appellees Philip Morris USA Inc., Dhaliwal & Associates, Inc., Stewart Candy Company and Georgia Association of Convenience Stores, Inc.. IN RE: November 07, 2025 CIVIL - Notice of Docketing [Entered: 12/04/2025 11:50 AM] |
| Filing 13 MOTION for extension of time to file appellant's brief to 01/22/2026 filed by Commissioner, U.S. Food and Drug Administration, Secretary, U.S. Department of Health and Human Services, U.S. Food and Drug Administration and United States Department of Health and Human Services. Motion is Unopposed. [13] [25-13863] (ECF: Urja Mittal) [Entered: 11/21/2025 03:03 PM] |
| Filing 12 Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Urja Mittal for Appellants Commissioner, U.S. Food and Drug Administration, Secretary, U.S. Department of Health and Human Services, U.S. Food and Drug Administration and United States Department of Health and Human Services. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [25-13863] (ECF: Urja Mittal) [Entered: 11/21/2025 03:00 PM] |
| Filing 11 Civil Appeal Statement filed by Attorney Urja Mittal for Appellants Commissioner, U.S. Food and Drug Administration, Secretary, U.S. Department of Health and Human Services, U.S. Food and Drug Administration and United States Department of Health and Human Services. Related cases? Yes. [25-13863] (ECF: Urja Mittal) [Entered: 11/21/2025 02:54 PM] |
| Filing 10 APPEARANCE of Counsel Form filed by Andrew G. Borrasso for Dhaliwal & Associates, Inc., Georgia Association of Convenience Stores, Inc., Philip Morris USA Inc. and Stewart Candy Company. Related cases? No. [25-13863] (ECF: Andrew Borrasso) [Entered: 11/20/2025 11:39 AM] |
| Filing 9 APPEARANCE of Counsel Form filed by Halie Saunders for Philip Morris USA Inc.; Dhaliwal & Associates, Inc.; Stewart Candy Company d/b/a Stewart Distribution; and Georgia Association of Convenience Stores, Inc. Related cases? No. [25-13863] (ECF: Hallie Saunders) [Entered: 11/20/2025 11:34 AM] |
| Filing 8 APPEARANCE of Counsel Form filed by Claire Rossell Cahill for Dhaliwal & Associates, Inc., Georgia Association of Convenience Stores, Inc., Philip Morris USA Inc. and Stewart Candy Company. Related cases? No. [25-13863] (ECF: Claire Cahill) [Entered: 11/20/2025 11:00 AM] |
| Filing 7 APPEARANCE of Counsel Form filed by Stephen Andrews for Dhaliwal & Associates, Inc., Georgia Association of Convenience Stores, Inc., Philip Morris USA Inc. and Stewart Candy Company. Related cases? No. [25-13863] (ECF: Stephen Andrews) [Entered: 11/20/2025 10:49 AM] |
| Filing 6 APPEARANCE of Counsel Form filed by Charles McCloud for Dhaliwal & Associates, Inc., Georgia Association of Convenience Stores, Inc., Philip Morris USA Inc. and Stewart Candy Company. Related cases? No. [25-13863] (ECF: Charles McCloud) [Entered: 11/20/2025 10:43 AM] |
| Filing 5 Briefing Notice issued to Appellants Commissioner, U.S. Food and Drug Administration, Secretary, U.S. Department of Health and Human Services, U.S. Food and Drug Administration and United States Department of Health and Human Services. The appellant's brief is due on or before 12/08/2025. The appendix is due no later than 7 days from the filing of the appellant's brief. [Entered: 11/19/2025 04:43 PM] |
| Filing 4 TRANSCRIPT ORDER form filed by Attorney Urja Mittal for Appellants Secretary, U.S. Department of Health and Human Services, U.S. Food and Drug Administration, United States Department of Health and Human Services and Commissioner, U.S. Food and Drug Administration. All necessary transcript(s) are on file. [Entered: 11/19/2025 04:40 PM] |
| Filing 3 APPEARANCE of Counsel Form filed by Daniel Tenny for FDA Related cases? Yes. [25-13863] (ECF: Daniel Tenny) [Entered: 11/13/2025 04:52 PM] |
| Filing 2 APPEARANCE of Counsel Form filed by Urja Mittal for U.S. Food and Drug Administration; U.S. Department of Health and Human Services; Commissioner, U.S. Food and Drug Administration; Secretary, U.S. Department of Health and Human Services Related cases? No. [25-13863] (ECF: Urja Mittal) [Entered: 11/10/2025 02:23 PM] |
| Filing 1 CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellants Commissioner, U.S. Food and Drug Administration, Secretary, U.S. Department of Health and Human Services, U.S. Food and Drug Administration and United States Department of Health and Human Services on 11/27/2025. Fee Status: Fee Not Required. Awaiting Appellant's Certificate of Interested Persons due on or before 11/25/2025 as to Appellant U.S. Food and Drug Administration. Awaiting Appellee's Certificate of Interested Persons due on or before 12/05/2025 as to Appellee Philip Morris USA Inc.. [Entered: 11/07/2025 10:57 AM] |
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