Supreme Court sides with vaping industry in rejecting FDA venue challenge

The Supreme Court sided with the vaping industry on Friday by rejecting the Food and Drug Administration’s (FDA) bid to limit where companies can challenge product marketing denials. 

The 7-2 decision authored by Justice Amy Coney Barrett enables R.J. Reynolds Vapor Company to proceed in the 5th U.S. Circuit Court of Appeals, regarded as the nation’s most conservative appeals court, in the company’s bid to market its “Vuse Alto” flavored e-cigarette products by suing alongside retailers.