US EditionSupreme Court widens court options for vaping companies pushing back against FDA rules
- On June 21, 2025, the U.S. Supreme Court ruled by a 7-to-2 margin in FDA v. R.J. Reynolds Vapor Co., permitting the company to pursue legal challenges against the FDA's denial of its product applications.
- The ruling followed the FDA’s 2023 refusal to approve Reynolds’ application to sell Vuse Alto e-cigarettes, a decision grounded in federal regulations that require agency authorization before marketing new tobacco products.
- Justice Barrett wrote the opinion clarifying that retailers adversely affected by FDA denials, not just manufacturers, have standing to seek judicial review, a position opposed by Justice Jackson's dissent.
- The court's ruling allows Reynolds to proceed with its appeal in the Fifth Circuit Court of Appeals, establishing a precedent that retailers connected to such cases may bring lawsuits in courts beyond their designated jurisdictions.
- This ruling expands legal routes for vaping companies and retailers to contest FDA denials, which may affect future tobacco product market authorizations and regulatory enforcement.
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Associated Press News
Supreme Court widens court options for vaping companies pushing back against FDA rules
The Supreme Court is siding with e-cigarette companies in a ruling that'll make it easier to sue over Food and Drug Administration decisions blocking their products from the multibillion-dollar vaping market.
Supreme Court Rules for Vaping Industry in Dispute Over Where Product Denials May Be Challenged
The U.S. Supreme Court on June 20 ruled 7–2 that retailers wanting to sell a new tobacco product may seek judicial review when the Food and Drug Administration denies approval of the product. The global vaping market was valued at $28 billion in 2023. Vaping advocates say the devices, which simulate cigarette smoking, assist smokers in quitting smoking cigarettes. Critics say the products, especially flavored varieties, run the risk of addicting…
MedPage Today
Anti-Aging, Acupuncture and Health NewsSCOTUS Widens Court Options for Vape Companies Pushing Back Against FDA Rules
(MedPage Today) -- The Supreme Court sided with e-cigarette companies on Friday in a ruling making it easier to sue over FDA decisions blocking their products from the multibillion-dollar vaping market. The 7-2 opinion comes as companies push...
The Supreme Court rejected the Government's attempt to restrict legal remedies to appeal decisions of the Food and Drug Administration (FDA) that deny authorization to market e-cigarettes, including those with flavors that, according to health authorities, have contributed to a vaping epidemic among young people.Read more]]>
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