New Civil Liberties Alliance Challenges FDA Regulations in Court

Dec.24.2024
New Civil Liberties Alliance Challenges FDA Regulations in Court
NCLA urges Supreme Court to reject FDA's attempt to evade responsibility in Reynolds Tobacco case.

According to a report from Globe Newswire on December 23rd, the New Civil Liberties Alliance (NCLA) has filed an amicus brief in support of the defendant with the Supreme Court of the United States. In the case of FDA v. Reynolds Tobacco (R.J. Reynolds Vapor Company), NCLA is urging the Supreme Court to reject the FDA's attempt to shift blame.


Although the law allows "any person adversely affected by an FDA order" to challenge the agency's decisions in court, the FDA claims that the ban on e-cigarette sales has not adversely affected such retailers. The FDA is asking the Supreme Court to limit the right to challenge to parties involved in the administrative process. The alliance argues that this restriction would conflict with relevant laws and precedents set by the Supreme Court.


According to the Family Smoking Prevention and Tobacco Control Act (TCA), manufacturers need to obtain FDA approval in order to sell certain e-cigarette products. Reynolds Tobacco applied to sell its "Vuse" e-cigarette, but the FDA rejected the application, meaning all retailers are now prohibited from selling the "Vuse" e-cigarette. However, these products are allowed to be sold during the application review process. As a result, some retailers have filed a petition with the United States Court of Appeals for the Fifth Circuit, claiming that the FDA's decision has caused them financial losses and has had a detrimental impact on their businesses.


However, the FDA rejected their request, believing that under the Family Smoking Prevention and Tobacco Control Act (TCA), the only individuals considered to be "adversely affected" are manufacturers who have submitted applications but were denied. The Fifth Circuit Court of Appeals in the United States rejected the FDA's argument, ruling that retailers are eligible to petition for review of the order. The Supreme Court agreed to hear the case in order to resolve the issue and determine whether the venue court is appropriate.


This case could have far-reaching implications. If the FDA successfully narrows the scope of the judicial review provision of the Family Smoking Prevention and Tobacco Control Act (TCA), similar restrictions could be applied to many other regulations across the country that provide for judicial review of agency actions. This would prevent many individuals and businesses affected by agency actions from seeking relief in federal courts.


NCLA CEO Mark Chenoweth stated,


E-cigarette regulation is not a concern of the NCLA. However, the key issue in this case is whether retailers can sue the FDA for orders prohibiting the sale of their products, or if only manufacturers can challenge such orders. Since Congress has enacted judicial review regulations that encompass retailers, they should be able to sue the FDA directly.


According to reports, NCLA is a nonprofit public interest law firm ranked 501, founded by Columbia Law School professor Philip Hamburger in 2017. The organization aims to challenge what it perceives as the unlawful use of executive power.


We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Virginia Attorney General Backs Vape Enforcement Act Limiting Sales to FDA-Authorized or Pending Products
Virginia Attorney General Backs Vape Enforcement Act Limiting Sales to FDA-Authorized or Pending Products
Virginia Attorney General Jay Jones is backing new vape enforcement legislation that he said would do more than warn people about the dangers of vaping. The proposal would tighten rules on which products can be sold and increase enforcement aimed at keeping vapes out of the hands of young people.
Mar.24 by 2FIRSTS.ai
New York Nicotine Pouch Tax Moves Forward as Critics Question Public Health Impact
New York Nicotine Pouch Tax Moves Forward as Critics Question Public Health Impact
New York Governor Kathy Hochul included in her FY 2027 budget proposal a plan to impose the same 75% wholesale tax on nicotine pouches such as Zyn that applies to cigarettes. The measure is expected to raise USD 18 million in FY 2027 and USD 44 million in FY 2028 after full implementation.
Mar.30 by 2FIRSTS.ai
Tasmanian Lower House Passes Tougher Tobacco Bill With Higher Penalties for Sales to Minors
Tasmanian Lower House Passes Tougher Tobacco Bill With Higher Penalties for Sales to Minors
The Tasmanian House of Assembly has passed a new bill aimed at cracking down on the sale of smoking products to children and curbing the illicit tobacco trade. Under the Public Health Amendment (Prohibited Tobacco and Other Products) Bill 2026, businesses caught selling tobacco products to minors would face steeper, tiered fines.
Apr.23 by 2FIRSTS.ai
Patent Reveals China Tobacco Hubei Industrial Testing Animal Model for Heated Tobacco Safety Evaluation
Patent Reveals China Tobacco Hubei Industrial Testing Animal Model for Heated Tobacco Safety Evaluation
China Tobacco Hubei Industrial Co., Ltd. has published a patent describing a laboratory method to evaluate the reproductive and developmental safety of heated tobacco products using non-human animal exposure models. The approach introduces a structured toxicological testing framework that could support safety verification, quality control, and regulatory evidence generation for heated tobacco products.
Mar.09
PMI’s Smoke-Free Business Accounts for 43% of Net Revenues in Q1 as Full-Year EPS Guidance Rises
PMI’s Smoke-Free Business Accounts for 43% of Net Revenues in Q1 as Full-Year EPS Guidance Rises
On April 22, 2026, Philip Morris International released its first-quarter 2026 results. The report showed net revenues of $10.146 billion, up 9.1% year on year; adjusted diluted EPS of $1.96, up 16.0%; and smoke-free products accounting for 43% of total net revenues. Based on first-quarter performance, the company raised its 2026 full-year adjusted diluted EPS forecast to $8.36 to $8.51, or $8.11 to $8.26 excluding currency.
Apr.23 by 2FIRSTS.ai
KT&G Aims to Accelerate Launch of New Heated Tobacco Innovation Platform
KT&G Aims to Accelerate Launch of New Heated Tobacco Innovation Platform
KT&G Chief Executive Officer Bang Kyung-man said at the annual shareholders meeting on March 26 that although the company expects a challenging environment marked by stronger protectionism and a high exchange rate, it will continue on a stable growth path through strategic choice and focus.
Mar.26 by 2FIRSTS.ai