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

Alan Zhao: What Altria’s on! PLUS Authorization Really Signals About FDA PMTA Enforcement
Alan Zhao: What Altria’s on! PLUS Authorization Really Signals About FDA PMTA Enforcement
In this in-depth commentary for 2Firsts, Alan Zhao examines what Altria’s on! PLUS authorization really signals about FDA PMTA enforcement. Beyond the headline approval, FDA’s language, process design and product choices offer rare insight into how nicotine pouch regulation is taking shape—and what it means for industry compliance, in one of the earliest expert reads of the decision.
Regulations
Dec.20 by 2Firsts Perspectives
Swedish Oral Pouch Manufacturer WiJo to Establish U.S. Production Base, Targeting March 2026 Start-Up
Swedish Oral Pouch Manufacturer WiJo to Establish U.S. Production Base, Targeting March 2026 Start-Up
Swedish oral pouch manufacturer WiJo Pouches has announced plans to establish its first North American production facility in South Carolina, where it will lease a manufacturing site to produce nicotine, caffeine and functional pouch products. The project, expected to begin operations in March 2026 and create about 170 jobs, has secured tax incentive support from both state and county authorities.
Dec.05 by 2FIRSTS.ai
Washington Policy Media Flags Surge: China’s Monthly Vape Exports Jump from 2.2M Kg to 14.8M Kg; Crackdown Effectiveness Questioned
Washington Policy Media Flags Surge: China’s Monthly Vape Exports Jump from 2.2M Kg to 14.8M Kg; Crackdown Effectiveness Questioned
The Washington Examiner on December 9, 2025, reported: China's vape export volume to the U.S. rebounded sharply from 2.2 million kilograms to 14.8 million kilograms despite the crackdown. This volatility, confirming the annual multi-billion dollar trade gap, is the "Bullwhip Effect" in action. It transfers massive inventory to the U.S. market, putting the working capital of Chinese manufacturers and the supply chain at severe risk of lock-up and failure. Regulatory escalation is now imminent.
News
Dec.11
British American Tobacco to close South Africa cigarette plant by end-2026, citing illicit trade squeezing legal market
British American Tobacco to close South Africa cigarette plant by end-2026, citing illicit trade squeezing legal market
British American Tobacco South Africa (BATSA) said it will halt local production of factory-made cigarettes and close its manufacturing plant in Heidelberg, Gauteng by the end of 2026, shifting to an import-led supply model. The company said illicit cigarettes now account for about 75% of South Africa’s market, making local manufacturing “unsustainable” and putting around 230 jobs at risk.
Jan.16
SKE Partners with 7-Eleven Korea, Placing Its Products in Over 5,700 Stores
SKE Partners with 7-Eleven Korea, Placing Its Products in Over 5,700 Stores
According to an SKE release published on PR Newswire, the company is expanding its presence in the Korean market through convenience store and specialty retail channels. SKE has partnered with 7-Eleven Korea, placing its products in more than 5,700 stores nationwide, and is also working with OG9’s offline retail and B2B distribution network. On the product side, SKE is focusing on promoting the Crystal Bar TB1000 and Cloud Zero in Korea.
Nov.19 by 2FIRSTS.ai
UK Government Announces Tougher Vape Controls with QR-Based Stamp System
UK Government Announces Tougher Vape Controls with QR-Based Stamp System
The UK government will introduce a digital stamp system for all vape products, paired with new enforcement powers including £10,000 fines and possible imprisonment for illegal sales. The measures aim to curb the booming black market and complement restrictions under the Tobacco and Vapes Bill, including future regulation of flavours, packaging, and advertising.
Nov.24 by 2FIRSTS.ai