DC Circuit: R.J. Reynolds Tobacco Company v. U.S. Food and Drug Administration

Administrative

Summary judgment based on appointment of committee members with conflicts of interests was error, as the claimed harms were too remote and speculative -- there was no proof that the committee's report would prompt an eventual rulemaking, no proof of confidential disclosures, and no evidence of inappropriate shaping of the committee's report.

https://www.cadc.uscourts.gov/internet/opinions.nsf/4535A54A84790EC685257F3B0054CC05/$file/14-5226-1593800.pdf