United States v. California Stem Cell Treatment Center, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-56014

Plaintiff-Appellant, D.C. No. v. 5:18-cv-01005-

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CALIFORNIA STEM CELL

TREATMENT CENTER, INC., a California corporation; CELL OPINION

SURGICAL NETWORK

CORPORATION, a California corporation; ELLIOTT B. LANDER, M.D., individual; MARK BERMAN, M.D., individual,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Jesus G. Bernal, District Judge, Presiding

Argued and Submitted February 7, 2024 Pasadena, California

Filed September 27, 2024

Before: Kim McLane Wardlaw, Michelle T. Friedland, and Jennifer Sung, Circuit Judges. Judge Friedland delivered the opinion of the Court as to Parts I, II, III.A, and III.B, in which Judge Wardlaw and Judge Sung joined. Judge Sung delivered the opinion of the Court as to Part III.C, in which Judge Wardlaw joined. Judge Friedland filed a concurring opinion in the result as to Part

III.C.

SUMMARY*

Food, Drug, and Cosmetic Act

The panel reversed the district court’s judgment following a bench…