For months now, we have covered the tobacco industry's First Amendment challenge to the FDA's new graphic cigarette package labels. In late August, we told you about a D.C. Circuit panel decision invalidating the labels. We noted that the case was likely on a fast track to the Supreme Court.
A couple weeks ago, though, the government filed this petition asking the D.C. Circuit to grant en banc review and uphold the FDA labels. The industry has replied, saying that en banc review is unnecessary.