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Emergency application

FDA rules for flavored vapes

Johnny Copper, LLC v. Food and Drug Administration

Denied
No. 24A724Stay applicationFiled by a private partyPresented to Justice ThomasFrom United States Court of Appeals for the Eleventh Circuit

What did the Court do?

The Court denied the request on January 31, 2025: the lower court's ruling stays in effect while the appeal continues.

Emergency rulings are temporary and do not decide the underlying case.

Filed Ruled 14 days after filing

What's being asked

Johnny Copper, a company, asks the Supreme Court to temporarily pause an FDA order while the Eleventh Circuit considers its challenge. The company argues that FDA's review standard is unlawful and amounts to a ban on non-tobacco-flavored products.

What the Court did

The Court refused emergency help: Justice Thomas denied (turned down) Johnny Copper's request for a temporary pause of the FDA order. The docket gives no explanation, and the Court did not publish how the justices voted.

Vote not published · 9the order does not say how they voted
  1. Roberts
  2. Thomas
  3. Alito
  4. Sotomayor
  5. Kagan
  6. Gorsuch
  7. Kavanaugh
  8. Barrett
  9. Jackson
The order does not say how any justice voted, as is usual on the emergency docket.
Half of 302 rulings on applications decided without a response came 8 to 28 days after filing, and the median was 14 days; this one was ruled on 14 days after filing.

What it means

This emergency ruling addresses only temporary relief; it does not decide who wins the underlying dispute. The Eleventh Circuit can continue reviewing Johnny Copper's challenge. No related Supreme Court merits case is listed, and the application was not set for argument.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 24A724. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 3, 2026