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Food and Drug Administration v. R.J. Reynolds Vapor Co.

Docket No. Op. Below Argument Opinion Vote Author Term
23-1187 5th Cir. Jan 21, 2025 Jun 20, 2025 7-2 Barrett OT 2024

Holding: Retailers who would sell a new tobacco product if not for the FDA’s denial order may seek judicial review of that order under 21 U.S.C. § 387l(a)(1).

Judgment: Affirmed and remanded, 7-2, in an opinion by Justice Barrett on June 20, 2025. Justice Jackson filed a dissenting opinion, joined by Justice Sotomayor.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
05/02/2024Petition for a writ of certiorari filed. (Response due June 3, 2024)
05/21/2024Motion to extend the time to file a response from June 3, 2024 to July 3, 2024, submitted to The Clerk.
05/22/2024Motion to extend the time to file a response is granted and the time is extended to and including July 3, 2024.
07/03/2024Brief of respondents R.J. Reynolds Vapor Co., et al. in opposition filed.
07/17/2024DISTRIBUTED for Conference of 9/30/2024.
07/17/2024Reply of petitioners Food and Drug Administration, et al. filed. (Distributed)
10/04/2024Petition GRANTED.
10/31/2024SET FOR ARGUMENT on Tuesday, January 21, 2025.
11/06/2024Motion to dispense with printing the joint appendix filed by petitioners Food and Drug Administration, et al.
11/13/2024Record requested from the United States Court of Appeals for the Fifth Circuit.
11/13/2024Brief of petitioners Food and Drug Administration, et al. filed.
11/18/2024Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
11/20/2024Brief amici curiae of Public Health, et al. filed.
11/20/2024Motion for an extension of time to file respondents' brief on the merits filed.
11/25/2024Brief amicus curiae of Chamber of Commerce of the United States of America supporting neither party filed.
12/03/2024CIRCULATED
12/03/2024Motion to extend the time to file respondents' brief on the merits granted and the time is extended to and including December 16, 2024.
12/12/2024Brief amicus curiae of Vaping Industry Stakeholders filed. (Dec. 27, 2024) (Distributed)
12/16/2024Brief of R.J. Reynolds Vapor Co., et al. not accepted for filing. (Corrected version to be filed)
12/16/2024Brief of respondents R.J. Reynolds Vapor Co., et al. filed. (Corrected version 12/18/24 -- Distributed)
12/18/2024Brief amicus curiae of Atlantic Legal Foundation filed. (Distributed)
12/20/2024Brief amicus curiae of American Center for Law and Justice filed. (Distributed)
12/23/2024Brief amici curiae of Electronic Nicotine Delivery System Trade Associations, et al. filed. (Distributed)
12/23/2024Brief amicus curiae of New Civil Liberties Alliance filed. (Distributed)
12/23/2024Brief amici curiae of Foreign Ends Manufacturers, et al. filed. (Distributed)
01/10/2025Reply of petitioners Food and Drug Administration, et al. filed. (Distributed)
01/17/2025Sealed material from the United States Court of Appeals for the Fifth Circuit electronically available with the Clerk. The remainder of the record is electronic and is available on PACER.
01/21/2025Argued. For petitioners: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Ryan J. Watson, Washington, D. C.
06/20/2025Judgment is affirmed and case remanded. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Jackson, J., filed a dissenting opinion, in which Sotomayor, J., joined.