United States DC Circuit
Prime Time Int'l. Co. v. Vilsack, 09-5099
In an action by a manufacturer of small cigars challenging its assessments as a manufacturer of tobacco products under the Fair and Equitable Tobacco Reform Act (FETRA), asserting claims under FETRA, the Information Quality Act, and the Due Process Clause, summary judgment for defendants is affirmed in part where the U.S. Department of Agriculture (USDA) adequately explained why it rejected petitioner's view that A.C. Nielsen data on industry and individual sales volumes should be used in lieu of "removal" data. However, the judgment is reversed in part where USDA's present interpretation was not mandated by the plain text of FETRA.
Appellate Information
- Decided 03/26/2010
- Published 03/26/2010
Judges
Court
- United States DC Circuit