[PUBLISH] In the United States Court of Appeals Hor the Eleventh Circuit

No. 21-13340

BIDI VAPOR LLC, Petitioner, versus U.S. FOOD AND DRUG ADMINISTRATION, ACTING COMMISSIONER OF U.S. FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondents. USCA11 Case: 21-13340 Date Filed: 08/23/2022 Page: 2 of 70 2 Opinion of the Court 21-13340

Petitions for Review of a Decision of the Food and Drug Administration Agency No. PM0003460

No. 21-13387

DIAMOND VAPOR LLC, Petitioner, versus U.S. FOOD AND DRUG ADMINISTRATION, Respondent.

Petitions for Review of a Decision of the Food and Drug Administration Agency No. PM0003472

USCA11 Case: 21-13340 Date Filed: 08/23/2022 Page: 3 of 70 21-13340 Opinion of the Court 3

No. 21-13438

JOHNNY COPPER, L.L.C., Petitioner, versus U.S. FOOD AND DRUG ADMINISTRATION, Respondent.

Petitions for Review of a Decision of the Food and Drug Administration Agency No. PM0003757

No. 21-13454

VAPOR UNLIMITED LLC, Petitioner. USCA11 Case: 21-13340 Date Filed: 08/23/2022 Page: 4 of 70 4 Opinion of the Court 21-13340 versus U.S. FOOD AND DRUG ADMINISTRATION, Respondent.

Petitions for Review of a Decision of the Food a