Food and Drug Administration v. R.J. Reynolds Vapor Co.
U.S. Supreme Court · decided June 20, 2025 · Supreme Court Database (Spaeth)
- Decided
- June 20, 2025
- Term
- October Term 2024
- Vote
- 7–2
- Majority author
- Justice Barrett
- Issue area
- Judicial Power
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
PRELIMINARY PRINT Volume 606 U. S. Part 1 Pages 226–258 OFFICIAL REPORTS OF THE SUPREME COURT June 20, 2025 Page Proof Pending Publication REBECCA A. WOMELDORF reporter of decisions NOTICE: This preliminary print is subject to formal revision before the bound volume is published. Users are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, pio@supremecourt.gov, of any typographical or other formal errors. Syllabus FOOD AND DRUG ADMINISTRATION et al. v. R. J. REYNOLDS VAPOR CO. et al. certiorari to the united states court of appeals for the fth circuit No. 23–1187. Argued January 21, 2025—Decided June 20, 2025 The Family Smoking Prevention and Tobacco Control Act (TCA) requires manufacturers to apply for and receive approval from the Food and Drug Administration (FDA) before marketing any “new tobacco prod- uct.” 21 U. S. C. § 387j. In 2016, the FDA decided that e-cigarettes and related products were new tobacco products subject to the TCA. Given the size of the existing e-cigarette market, the FDA announced that it would defer enforcement of the TCA against e-cigarette manu- facturers and retailers while the manufacturers sought FDA appro- val. R. J. Reynolds Vapor Co. (RJR Vapor)—a manufacturer of e-cigarettes—sought FDA approval to continue marketing its popular Vuse Alto products. The FDA denied the applications,…
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