Food and Drug Administration v. Wages and White Lion Investments, LLC
Holding
The U.S. Court of Appeals for the 5th Circuit erred in setting aside as arbitrary and capricious the FDA's orders denying respondents' applications for authorization to market new e-cigarette products pursuant to The Family Smoking Prevention and Tobacco Control Act of 2009; the 5th Circuit also relied on an incorrect standard to reject the FDA's claim of harmless error regarding the agency's failure to consider marketing plans submitted by respondents.
Judgment
Vacated and remanded, 9-0, in an opinion by Samuel Alito on Apr 2, 2025. Justice Sotomayor filed a concurring opinion.
Mar 19, 2024Petition for a writ of certiorari filed. (Response due April 18, 2024)Apr 4, 2024Motion to extend the time to file a response from April 18, 2024 to May 17, 2024, submitted to The Clerk.
Apr 5, 2024Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2024.
Apr 18, 2024Brief amici curiae of Public Health, Medical, and Community Groups filed.Apr 18, 2024Brief amicus curiae of Logic Technology Development LLC filed.May 15, 2024Brief amici curiae of Vaping Industry Stakeholders filed.May 17, 2024Brief of respondents Wages and White Lion Investments, L.L.C., dba Triton Distribution, et al. in opposition filed.Jun 4, 2024DISTRIBUTED for Conference of 6/20/2024.
Jun 4, 2024Reply of petitioner Food and Drug Administration filed. (Distributed)Jun 28, 2024DISTRIBUTED for Conference of 7/1/2024.
Jul 2, 2024Petition GRANTED.
Jul 23, 2024Motion for an extension of time to file the briefs on the merits filed.Jul 24, 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 26, 2024. The time to file respondents' brief on the merits is extended to and including October 7, 2024.
Aug 26, 2024Brief of petitioner Food and Drug Administration filed.Aug 26, 2024Joint appendix filed. (Statement of cost filed)Aug 30, 2024Brief amici curiae of Public Health, Medical, and Community Groups filed.Sep 3, 2024Brief amicus curiae of Global Action to End Smoking, Inc. in support of neither party filed.Sep 3, 2024Brief amici curiae of Sixteen Members of Congress filed.Sep 3, 2024Brief amici curiae of Massachusetts, et al. filed.Oct 7, 2024Brief of respondents Wages and White Lion Investments, L.L.C., dba Triton Distribution, et al. filed.Oct 8, 2024Brief amici curiae of Vaping Industry Stakeholders filed.Oct 10, 2024Brief amicus curiae of Washington Legal Foundation filed.Oct 15, 2024Brief amicus curiae of Coalition of Manufacturers of Smoking Alternatives filed.Oct 15, 2024Brief amici curiae of Thirteen Members of Congress, et al. filed.Oct 15, 2024Brief amicus curiae of Logic Technology Development LLC filed.Oct 15, 2024Brief amici curiae of Electronic Nicotine Delivery System Trade Associations, et al. filed.Oct 15, 2024Brief amicus curiae of Taxpayers Protection Alliance filed.Oct 15, 2024Brief amici curiae of R.J. Reynolds Vapor Company, et al. filed.Oct 15, 2024Brief amicus curiae of Vapor Technology Association filed.Oct 15, 2024Brief amicus curiae of Goldwater Institute filed.Oct 18, 2024SET FOR ARGUMENT on Monday, December 2, 2024.
Oct 21, 2024Record requested from the United States Court of Appeals for the Fifth Circuit.
Oct 22, 2024CIRCULATED
Nov 6, 2024Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Nov 6, 2024Reply of petitioner Food and Drug Administration filed. (Distributed)Dec 2, 2024Argued. For petitioner: Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Eric N. Heyer, Washington, D. C.
Apr 2, 2025Judgment VACATED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion.
May 5, 2025Judgment Issued.Recommended Citation: Food and Drug Administration v. Wages and White Lion Investments, LLC, SCOTUSblog, https://www.scotusblog.com/cases/food-and-drug-administration-v-wages-and-white-lion-investments-llc/