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`R.J. REYNOLDS TOBACCO COMPANY, et al.,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`Plaintiffs,
`
`v.
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`Civil Action No. 6:20-cv-00176
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`UNITED STATES FOOD AND DRUG
`ADMINISTRATION, et al.,
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` Defendants.1
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`DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION TO
`EXTEND POSTPONEMENT OF RULE’S EFFECTIVE DATE
`Defendants oppose Plaintiffs’ motion to further postpone the effective date of the Food and
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`Drug Administration’s new cigarette health warnings rule, see Tobacco Products; Required Warnings
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`for Cigarette Packages and Advertisements, 85 Fed. Reg. 15,638 (Mar. 18, 2020). The reasons for
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`Defendants’ opposition are set forth in Defendants’ opposition to Plaintiffs’ previous motion of this
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`sort. See ECF No. 79. Defendants incorporate by reference the arguments set forth in that opposition,
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`as well as the arguments set forth in Defendants’ opposition to Plaintiffs’ motion for a preliminary
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`injunction. See ECF No. 37 at 73-75.
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`1 Pursuant to Federal Rule of Civil Procedure 25(d), Janet Woodcock, M.D. (in her official
`capacity as the Acting Commissioner of Food and Drugs) is automatically substituted as a Defendant
`for former Commissioner Stephen M. Hahn, M.D., and Norris Cochran (in his official capacity as the
`Acting Secretary of Health and Human Services) is automatically substituted as a Defendant for
`former Secretary Alex M. Azar II.
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`
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`Case 6:20-cv-00176-JCB Document 88 Filed 03/01/21 Page 2 of 2 PageID #: 10323
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`Dated: March 1, 2021
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` Respectfully submitted,
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`BRIAN M. BOYNTON
`Acting Assistant Attorney General
`
`NICHOLAS J. GANJEI
`Acting United States Attorney
`
`ERIC B. BECKENHAUER
`Assistant Branch Director
`
`/s/ Stephen M. Pezzi
`
`STEPHEN M. PEZZI (Virginia 84311)
`Trial Attorney
`United States Department of Justice
`Civil Division, Federal Programs Branch
`1100 L Street, NW
`Washington, DC 20005
`Tel: (202) 305-8576
`Fax: (202) 616-8470
`Email: stephen.pezzi@usdoj.gov
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`2
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