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US Supreme Court to Hear Key Dispute Between RJR Vapor and FDA
The U.S. Supreme Court recently agreed to hear a pivotal case involving R.J. Reynolds Vapor Company (RJR Vapor), a subsidiary of British American Tobacco, and the U.S. Food and Drug Administration (FDA).
Feb 6th,2025
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The U.S. Supreme Court recently agreed to hear a pivotal case involving R.J. Reynolds Vapor Company (RJR Vapor), a subsidiary of British American Tobacco, and the U.S. Food and Drug Administration (FDA). The case, which was presented on January 21st, revolves around the regulatory authority of the FDA over e-cigarettes and the jurisdiction in which such cases should be heard.
At the core of the dispute is the FDA’s claim that the Tobacco Control Act permits cases to be heard in the District of Columbia Circuit Court or the jurisdiction where the plaintiff is located or where their primary business operates. However, RJR Vapor seeks to challenge this view by filing their case in the Fifth Circuit Court of Appeals, based in Louisiana, where it has aligned itself with Avail Vapor, a Texas-based retailer, and a Mississippi convenience store association that sells RJR products.
RJR Vapor’s headquarters are located in North Carolina, which falls under the Fourth Circuit. A previous appeal against the FDA’s rejection of RJR’s application was dismissed by this circuit. Notably, the Fifth Circuit Court has already voiced its criticism of the FDA, calling the regulatory compliance process a "needle in a haystack" situation, effectively making it extremely difficult for companies to meet the FDA’s stringent requirements. RJR and its retail partners argue that the regulations allow any "adversely affected person" — including retailers in the Fifth Circuit — to challenge the FDA's decisions, especially as they face potential business closures due to the FDA’s restrictions on products like Vuse.
The dispute dates back to 2016 when the FDA rejected RJR Vapor's application, arguing that the product was “not appropriate for protecting public health.” This decision primarily targeted manufacturers, but the FDA believed it had minimal indirect impact on retailers. RJR, however, contends that the ruling’s impact on retailers could be severe, given the risks they face under the FDA’s stringent regulations.
The FDA’s petition for review, filed with the Supreme Court, calls into question whether the case should proceed in the Fifth Circuit, warning of the dangers of "forum shopping" and potential regulatory evasion if the case is allowed to continue outside the FDA’s preferred jurisdiction.
In October 2024, the Supreme Court will hear oral arguments on whether the case should be heard, with RJR Vapor hoping to have the case dismissed on the grounds of being "non-final" while still pending.
This landmark case is expected to have wide-ranging implications for the vaping industry, particularly concerning the FDA’s authority to regulate e-cigarettes and the ability of affected parties to challenge the agency's decisions in different courts.
