Fda

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

STATE OF WASHINGTON; STATE No. 23-35294

OF OREGON; STATE OF

ARIZONA; STATE OF D.C. No. 1:23-cv-

COLORADO; STATE OF 03026-TOR

CONNECTICUT; STATE OF

DELAWARE; STATE OF ILLINOIS;

ATTORNEY GENERAL OF OPINION

MICHIGAN; STATE OF NEVADA;

STATE OF NEW MEXICO; STATE

OF RHODE ISLAND; STATE OF

VERMONT; DISTRICT OF

COLUMBIA; STATE OF HAWAII;

STATE OF MAINE; STATE OF

MARYLAND; STATE OF

MINNESOTA; COMMONWEALTH

OF PENNSYLVANIA,

Plaintiffs-Appellees,

v.

U.S. FOOD & DRUG

ADMINISTRATION; ROBERT M.

CALIFF, in his official capacity as Commissioner of Food and Drugs;

UNITED STATES DEPARTMENT

OF HEALTH AND HUMAN

SERVICES; XAVIER BECERRA, in his official capacity as Secretary of the Department of Health and Human Service,

Defendants-Appellees,

v.

STATE OF IDAHO; STATE OF

IOWA; STATE OF MONTANA;

STATE OF NEBRASKA; STATE OF

SOUTH CAROLINA; STATE OF

TEXAS; STATE OF UTAH, Proposed State Plaintiff-Intervenors,

Movants-Appellants.

Appeal from the United States District Court for the Eastern District of Washington Thomas O. Rice,…