Decided

No. 23-1038

Food and Drug Administration v. Wages and White Lion Investments, L.L.C., dba Triton Distribution, et al.

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

Judgment Issued.

Judgment VACATED and case REMANDED. Alito, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-1038_2d93.pdf'>opinion</a> for a unanimous Court. Sotomayor, J., filed a concurring opinion.

Argued. For petitioner: Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Eric N. Heyer, Washington, D. C.

Reply of petitioner Food and Drug Administration filed. (Distributed)

Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.

CIRCULATED

Record requested from the United States Court of Appeals for the Fifth Circuit.

SET FOR ARGUMENT on Monday, December 2, 2024.

Brief amicus curiae of Goldwater Institute filed.

Brief amicus curiae of Coalition of Manufacturers of Smoking Alternatives filed.

Brief amici curiae of Thirteen Members of Congress, et al. filed.

Brief amicus curiae of Logic Technology Development LLC filed.

Brief amici curiae of Electronic Nicotine Delivery System Trade Associations, et al. filed.

Brief amicus curiae of Taxpayers Protection Alliance filed.

Brief amici curiae of R.J. Reynolds Vapor Company, et al. filed.

Brief amicus curiae of Vapor Technology Association filed.

Brief amicus curiae of Washington Legal Foundation filed.

Brief amici curiae of Vaping Industry Stakeholders filed.

Brief of respondents Wages and White Lion Investments, L.L.C., dba Triton Distribution, et al. filed.

Brief amicus curiae of Global Action to End Smoking, Inc. in support of neither party filed.

Brief amici curiae of Sixteen Members of Congress filed.

Brief amici curiae of Massachusetts, et al. filed.

Brief amici curiae of Public Health, Medical, and Community Groups filed.

Brief of petitioner Food and Drug Administration filed.

Joint appendix filed. (Statement of cost filed)

Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 26, 2024. The time to file respondents' brief on the merits is extended to and including October 7, 2024.

Motion for an extension of time to file the briefs on the merits filed.

Petition GRANTED.

DISTRIBUTED for Conference of 7/1/2024.

Reply of petitioner Food and Drug Administration filed. (Distributed)

DISTRIBUTED for Conference of 6/20/2024.

Brief of respondents Wages and White Lion Investments, L.L.C., dba Triton Distribution, et al. in opposition filed.

Brief amici curiae of Vaping Industry Stakeholders filed.

Brief amicus curiae of Logic Technology Development LLC filed.

Brief amici curiae of Public Health, Medical, and Community Groups filed.

Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2024.

Motion to extend the time to file a response from April 18, 2024 to May 17, 2024, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due April 18, 2024)

Parties

Food and Drug Administration, Petitioner, represented by Sarah M. Harris

Wages and White Lion Investments, L.L.C., dba Triton Distribution, et al., Respondent, represented by Eric N. Heyer

Amici Curiae

Coalition of Manufacturers of Smoking Alternatives, Amicus Curiae, represented by Erik S. Jaffe

Electronic Nicotine Delivery System Trade Associations and Small Businesses, Amicus Curiae, represented by Eric Philip Gotting

Global Action to End Smoking, Inc., Amicus Curiae, represented by Carter G. Phillips

Goldwater Institute, Amicus Curiae, represented by Timothy Mason Sandefur

Logic Technology Development LLC, Amicus Curiae, represented by Misha Tseytlin

Massachusetts, et al., Amicus Curiae, represented by David Clark Kravitz

Public Health, Medical, and Community Groups, Amicus Curiae, represented by William Barnett Schultz

R.J. Reynolds Vapor Company, Amicus Curiae, represented by Noel John Francisco

Sixteen Members of Congress, Amicus Curiae, represented by Mark Benjamin Samburg

Taxpayers Protection Alliance, Amicus Curiae, represented by Donald Manwell Falk

Thirteen Members of Congress & The ACLJ, Amicus Curiae, represented by Jordan Adam Sekulow

Vaping Industry Stakeholders, Amicus Curiae, represented by J. Gregory Troutman

Vapor Technology Association, Amicus Curiae, represented by Anthony Lawrence Abboud

 
Last updated: April 18, 2026