Supreme Court Sides with Vape Industry on FDA Lawsuits

The U.S. Supreme Court has sided with e-cigarette companies in a 7-2 decision, making it easier for them to challenge Food and Drug Administration (FDA) decisions that block their products from the market. The ruling gives companies more control over which courts hear their lawsuits, a practice critics call “judge shopping.”

The case was brought by R.J. Reynolds Vapor Co. after the FDA refused to authorize its Vuse Alto menthol-flavored vaping products. Instead of suing in its home circuit (the 4th Circuit) or in Washington D.C., R.J. Reynolds partnered with Texas-based businesses to file its challenge in the conservative-leaning 5th U.S. Circuit Court of Appeals, which subsequently overturned the FDA’s denial.

The FDA argued this tactic hindered its ability to regulate the industry, noting that by 2024, about 75% of e-cigarette cases were filed in the 5th Circuit by out-of-circuit petitioners. However, writing for the majority, Justice Amy Coney Barrett stated that the law allows “any person adversely affected” by an FDA decision, including retailers and distributors, to sue in their home states, not just the product manufacturer.

In a dissent, Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, argued the decision allows companies to make an “end run around… venue restrictions.” The Campaign for Tobacco-Free Kids called the ruling disappointing, while an attorney for R.J. Reynolds said it ensures “the courthouse doors are not closed” for businesses with downstream effects from agency actions.

• News source: Supreme Court allows vape companies to pick courts to hear challenges

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.

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Latest posts by Matthew Ma (see all)

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