Philip Morris USA Inc. v. United States Food and Drug Administration

MEMORANDUM OPINION

Amit P. Mehta, United States District Judge

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 authority with respect to the manufacture, marketing, and distribution of tobacco products.” It granted the FDA the authority to “set national standards” regarding tobacco, gave the agency “new and flexible enforcement authority,” and aimed to “ensure that the FDA has the authority to address…