Supreme Court of the United States · Official docket →
Food and Drug Administration, et al. v. R.J. Reynolds Vapor Co., et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-60037, 23-60128, 23-60545 · judgment February 2, 2024
Before the decision, about 11.8× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fifth Circuit decision below, and down for a business respondent.
Question presented
The Family Smoking Prevention and Tobacco Control Act, Pub. L. No. 111-31, Div. A, 123 Stat. 1776, requires a person to obtain authorization from the Food and Drug Administration (FDA) before introducing a new tobacco product into interstate commerce. If FDA denies an application for authorization, "any person adversely affected by such * * * denial may file a petition for judicial review of such * * * denial with the United States Court of Appeals for the District of Columbia or for the circuit in which such person resides or has their principal place of business." 21 U.S.C. 387l(a)(l). The U.S. Court of Appeals for the Fifth Circuit has determined that a manufacturer may seek judicial review in that circuit even if it neither resides nor has its principal place of business there, so long as its petition is joined by a seller of its products, such as a gas station or convenience store, based in the circuit. The question presented is: Whether a manufacturer may file a petition for review in a circuit (other than the D.C. Circuit) where it neither resides nor has its principal place of business, if the petition is joined by a seller of the manufacturer's products that is located within that circuit.
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
Noel John Francisco
Jones Day
Case
Conference history
Distributed for 1 conference
Amicus briefs
8 merits
(3 supporting pet./neither, 5 respondent)
Argument & decision
Argued January 21, 2025 — Vivek Suri · Ryan J. Watson. Audio and transcript
Decided June 20, 2025. Opinion by Barrett.
Proceedings
- Jul 22 2025Judgment Issued.
- 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.
- 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.
- 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 10 2025Reply of petitioners Food and Drug Administration, et al. 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)
- Dec 20 2024Brief amicus curiae of American Center for Law and Justice filed. (Distributed)
- Dec 18 2024Brief amicus curiae of Atlantic Legal Foundation filed. (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 12 2024Brief amicus curiae of Vaping Industry Stakeholders filed. (Dec. 27, 2024) (Distributed)
- Dec 03 2024CIRCULATED
- Dec 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.
- Nov 25 2024Brief amicus curiae of Chamber of Commerce of the United States of America supporting neither party filed.
- 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 18 2024Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
- 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 06 2024Motion to dispense with printing the joint appendix filed by petitioners Food and Drug Administration, et al.
- Oct 31 2024SET FOR ARGUMENT on Tuesday, January 21, 2025.
- Oct 04 2024Petition GRANTED.
- Jul 17 2024DISTRIBUTED for Conference of 9/30/2024.
- Jul 17 2024Reply of petitioners Food and Drug Administration, et al. filed. (Distributed)
- Jul 03 2024Brief of respondents R.J. Reynolds Vapor Co., et al. in opposition filed.
- May 22 2024Motion to extend the time to file a response is granted and the time is extended to and including July 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 02 2024Petition for a writ of certiorari filed. (Response due June 3, 2024)