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No. 23-1187October Term 2024Decided Jun 20, 2025

Docket 23-1187October Term 2024 (2024–2025)

Food and Drug Administration, et al., Petitioners v. R.J. Reynolds Vapor Co., et al.

The Supreme Court considered whether retailers of tobacco products have the legal standing to challenge the FDA's denial of a manufacturer's marketing application.

Case status

Current stage
Decided
Latest event
Decision released Jun 20, 2025
Case AcceptedOct 4, 2024
Arguments HeardJan 21, 2025
Decision ReleasedJun 20, 2025
What it's about

The Supreme Court considered whether retailers of tobacco products have the legal standing to challenge the FDA's denial of a manufacturer's marketing application. The Court ruled that the Tobacco Control Act's language permitting "any person adversely affected" to seek review extends to retailers, not just the manufacturers who applied for approval.

Question presented

Can retailers who would sell a new tobacco product seek judicial review of the FDA’s denial of a manufacturer’s marketing application under the Tobacco Control Act?

Case path

United States Court of Appeals for the Fifth Circuit / Decision released Jun 20, 2025

Area

Decided Supreme Court case