Food and Drug Administration v. R.J. Reynolds Vapor Co.
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 Amy Coney Barrett on Jun 20, 2025. Justice Jackson filed a dissenting opinion, joined by Justice Sotomayor.
May 2, 2024Petition for a writ of certiorari filed. (Response due June 3, 2024)May 21, 2024Motion to extend the time to file a response from June 3, 2024 to July 3, 2024, submitted to The Clerk.
May 22, 2024Motion to extend the time to file a response is granted and the time is extended to and including July 3, 2024.
Jul 3, 2024Brief of respondents R.J. Reynolds Vapor Co., et al. in opposition filed.Jul 17, 2024DISTRIBUTED for Conference of 9/30/2024.
Jul 17, 2024Reply of petitioners Food and Drug Administration, et al. filed. (Distributed)Oct 4, 2024Petition GRANTED.
Oct 31, 2024SET FOR ARGUMENT on Tuesday, January 21, 2025.
Nov 6, 2024Motion to dispense with printing the joint appendix filed by petitioners Food and Drug Administration, et al.Nov 13, 2024Record requested from the United States Court of Appeals for the Fifth Circuit.
Nov 13, 2024Brief of petitioners Food and Drug Administration, et al. filed.Nov 18, 2024Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Nov 20, 2024Brief amici curiae of Public Health, et al. filed.Nov 20, 2024Motion for an extension of time to file respondents' brief on the merits filed.Nov 25, 2024Brief amicus curiae of Chamber of Commerce of the United States of America supporting neither party filed.Dec 3, 2024CIRCULATED
Dec 3, 2024Motion to extend the time to file respondents' brief on the merits granted and the time is extended to and including December 16, 2024.
Dec 12, 2024Brief amicus curiae of Vaping Industry Stakeholders filed. (Dec. 27, 2024) (Distributed)Dec 16, 2024Brief of R.J. Reynolds Vapor Co., et al. not accepted for filing. (Corrected version to be filed)
Dec 16, 2024Brief of respondents R.J. Reynolds Vapor Co., et al. filed. (Corrected version 12/18/24 -- Distributed)Dec 18, 2024Brief amicus curiae of Atlantic Legal Foundation filed. (Distributed)Dec 20, 2024Brief amicus curiae of American Center for Law and Justice filed. (Distributed)Dec 23, 2024Brief amici curiae of Electronic Nicotine Delivery System Trade Associations, et al. filed. (Distributed)Dec 23, 2024Brief amicus curiae of New Civil Liberties Alliance filed. (Distributed)Dec 23, 2024Brief amici curiae of Foreign Ends Manufacturers, et al. filed. (Distributed)Jan 10, 2025Reply of petitioners Food and Drug Administration, et al. filed. (Distributed)Jan 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.
Jan 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.
Jun 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.
Jul 22, 2025Judgment Issued.Recommended Citation: Food and Drug Administration v. R.J. Reynolds Vapor Co., SCOTUSblog, https://www.scotusblog.com/cases/food-and-drug-administration-v-r-j-reynolds-vapor-co/