Courthouse Steps Oral Argument: Food and Drug Administration v. Wages and White Lion Investments, LLC

Under the Family Smoking Prevention and Tobacco Control Act, the FDA must approve new tobacco products. Wages and White Lion Investments (dba Trion Distribution) and Vapetasia manufacture and sell flavored nicotine-containing liquids for use in refillable e-cigarette systems. They applied for FDA approval in 2020; about ten months later the FDA announced new requirements for approval and, based on those requirements, denied the applications citing the deficiency. The manufacturers challenged the denial and the Fifth Circuit, sitting en banc, found the FDA’s actions were arbitrary and capricious.

SCOTUS granted the FDA’s cert petition and the court heard oral argument on Monday, December 2. Join us in discussing the argument and considering which way the Court might take this.