US Supreme Court Hears Oral Arguments on RJR Vapor-FDA Dispute

Jan.23.2025
US Supreme Court Hears Oral Arguments on RJR Vapor-FDA Dispute
Tobacco Reporter: US Supreme Court hears oral arguments between RJR Vapor and FDA over jurisdictional issue.

According to a report from Tobacco Reporter on January 21st, the United States Supreme Court heard oral arguments on Tuesday (21st) between British American Tobacco subsidiary RJR Vapor and the US Food and Drug Administration (FDA).


The FDA claims that the Tobacco Control Act allows cases to be tried in the District of Columbia Circuit Court, the jurisdiction where the plaintiff is located, or their primary place of business. However, the British-American Tobacco subsidiary, RJR Vapor, is attempting to challenge the FDA in the Fifth Circuit Court of Appeals in Louisiana.


RJR Vapor has teamed up with retailer Avail Vapor in Texas and a convenience store association in Mississippi that sells RJR products to submit a request for a review. Both states are in the Fifth Circuit.


The North Carolina headquarters of RJR Vapor falls under the Fourth Circuit, where an appeal against the FDA's rejection of their application has been dismissed. The Fifth Circuit Court had criticized the FDA for making it nearly impossible for companies to comply with regulations, calling it a "needle in a haystack" situation. RJR Vapor and retailers argue that regulations allow "any adversely affected person" to challenge the FDA, including retailers in the Fifth Circuit who may face closure risks due to selling Vuse products.


In 2016, the FDA rejected RJR Vapor's application, stating that the product was "not appropriate for protecting public health." The FDA believed that their decision primarily targeted manufacturers and had an indirect and insignificant impact on retailers. Allowing this case to be heard in the Fifth Circuit could potentially lead to regulatory evasion and encourage "forum shopping.


As a result, the FDA has filed a petition with the Supreme Court to review the case, and the Supreme Court agreed to hear it in October 2024. RJR Vapor argues that the Supreme Court does not have the authority to rule on such a "non-final" case and hopes that it will be dismissed while still pending.


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

Thai Customs Plans Shift to Per-Unit Fines for Vapes at THB 100 Per Item
Thai Customs Plans Shift to Per-Unit Fines for Vapes at THB 100 Per Item
Thai Customs said on March 18 that it had seized more than 27.3 million foreign cigarettes and 205,445 vape products and related devices in mid-February, with a total value of more than THB 169 million.
Mar.19 by 2FIRSTS.ai
ITC Keeps Exclusion and Cease-and-Desist Orders in Place Against Stiiizy
ITC Keeps Exclusion and Cease-and-Desist Orders in Place Against Stiiizy
U.S. International Trade Commission has refused to pause the import and sales bans imposed on cannabis vape company Stiiizy while it appeals the agency’s patent infringement ruling in its dispute with Pax Labs.
Apr.07 by 2FIRSTS.ai
Texas college data show rapid shifts in top vaping brands, with Geek Bar/Vape surging by 2025
Texas college data show rapid shifts in top vaping brands, with Geek Bar/Vape surging by 2025
A short communication in Drug and Alcohol Dependence examined changes in the most commonly used nicotine vaping brands among Texas college students from 2023 to 2025. The study analyzed 6,049 students aged 18–25 who reported past-30-day nicotine vaping across three repeated cross-sectional spring surveys. The report found that use of Esco Bar, Elf Bar, JUUL, and Puff Bar declined from 2023 to 2025, while Geek Bar/Vape increased.
Feb.27 by 2FIRSTS.ai
Louisiana lawmaker pushes bill to ban vape product sales within 300 feet of schools
Louisiana lawmaker pushes bill to ban vape product sales within 300 feet of schools
A Louisiana lawmaker has introduced HB 302, which would prohibit businesses from selling vapor products within 300 feet of schools. The bill would measure the distance by a person walking on the sidewalk from the nearest point on school property to the nearest point of the business. It would also give the commissioner authority to modify how the distance is calculated, while maintaining the 300-foot limit.
Feb.26 by 2FIRSTS.ai
SICPA Secures Five-Year UK Vape Tax Stamp Contract
SICPA Secures Five-Year UK Vape Tax Stamp Contract
HM Revenue and Customs (HMRC) has awarded a five-year contract to Swiss technology company SICPA and Cartor Security Printers to implement the United Kingdom’s new vaping duty stamp and track-and-trace system, beginning in April 2026.
Market
Feb.24
Azerbaijan Cancels E-Cigarette State Standard as Full Vape Ban Takes Effect on April 1
Azerbaijan Cancels E-Cigarette State Standard as Full Vape Ban Takes Effect on April 1
The Azerbaijan Institute of Standardization (AZSTAND) has announced the cancellation of state standard AZS 941:2023, “Electronic Cigarettes. General Technical Specifications.”Under legal amendments adopted on December 30, 2025, Azerbaijan has prohibited from April 1, 2026 the import, export, manufacture, storage, wholesale and retail sale, and use of e-cigarettes and their components.
Apr.07 by 2FIRSTS.ai