in support
of appellees.

     Mark Greenwold and Andrew N. Goldfarb were on the
brief for amici curiae Public Health Groups in support of
appellees.

    Rachel Bloomekatz was on the brief for amicus curiae
Public Health Law Center in support of appellees.

    Justin M. Pearson and Paul M. Sherman were on the brief
for amicus curiae J. Scott Armstrong in support of neither
party.

   Before: GARLAND and KATSAS, Circuit Judges, and
RANDOLPH, Senior Circuit Judge.

    Opinion for the Court filed by Circuit Judge KATSAS.

     KATSAS, Circuit Judge: The Tobacco Control Act permits
the Food and Drug Administration to regulate tobacco products
for the public health, but only after considering whether the
regulation would likely increase or decrease the number of
smokers.to do that.

• 2002 New York Jets, finished 9-7: Chad Pennington was the quarterback for this team, as he was for the 2008 Dolphins. If he can lead 2-4 teams back from the brink twice, certainly Mayfield can do it once.

• 2002 Cleveland Browns, finished 9-7: Remember -- the last time the Browns made the playoffs, the season started just as this one has. After a 17-3 loss at Tampa Bay dropped the Browns to 2-4, the coverage of the team had them teetering on the edge of a lost season. Stories described the Browns as starting the season with swagger and losing it with an offense that was too conservative and didn’t trust Tim Couch.

Coach Butch Davis after that loss was talking about expansion in the fourth