Supreme Court Questions Forum Shopping by Vape Manufacturers

The U.S. Supreme Court recently heard arguments regarding the FDA's regulations and the venue in which e-cigarette manufacturers can challenge product denials. The case centers on R.J. Reynolds Vapor Co., which successfully appealed an FDA ban on its menthol e-cigarettes in the Fifth Circuit, a court perceived as more favorable to its interests, despite the company being based in the Fourth Circuit. The FDA contends that this practice of 'forum shopping' undermines federal law and public health efforts, as it allows manufacturers to bypass stricter rulings. Meanwhile, Reynolds argues that the law permits appeals to be filed in any circuit where affected parties reside, which includes retailers in the Fifth Circuit. Justices appeared skeptical of the government's claims, while also expressing concern over the broader implications of ruling against the FDA in this instance. The outcome could significantly influence how cases involving regulatory appeals are litigated in the future.