`
`United States Court of Appeals
`FOR THE DISTRICT OF COLUMBIA CIRCUIT
`
`No. 18-5195
`CIGAR ASSOCIATION OF AMERICA, ET AL.,
`APPELLANTS
`
`v.
`
`UNITED STATES FOOD AND DRUG ADMINISTRATION, ET AL.,
`APPELLEES
`
`September Term, 2019
` FILED ON: JULY 7, 2020
`
`Appeal from the United States District Court
`for the District of Columbia
`(No. 1:16-cv-01460)
`
`Before: GARLAND and KATSAS, Circuit Judges, and RANDOLPH, Senior Circuit Judge.
`
`J U D G M E N T
`
`This cause came on to be heard on the record on appeal from the United States District
`Court for the District of Columbia and was argued by counsel. On consideration thereof, it is
`
`ORDERED and ADJUDGED that the District Court’s grant of summary judgment to the
`FDA and the denial of summary judgment to the plaintiffs appealed from in this cause be reversed,
`plaintiffs’ appeal from the denial of the motion for a preliminary injunction be dismissed as moot,
`and the case be remanded for further proceedings, in accordance with the opinion of the court filed
`herein this date.
`
`Per Curiam
`
`FOR THE COURT:
`Mark J. Langer, Clerk
`
`BY:
`
`/s/
`
`Michael C. McGrail
`Deputy Clerk
`
`Date: July 7, 2020
`
`Opinion for the court filed by Circuit Judge Katsas.
`
`