Decided

No. 23-1187

Food and Drug Administration, et al. v. R.J. Reynolds Vapor Co., 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 is affirmed and case remanded. Barrett, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-1187_olp1.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Jackson, J., filed a dissenting opinion, in which Sotomayor, J., joined.

Argued. For petitioners: Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Ryan J. Watson, Washington, D. C.

Sealed material from the United States Court of Appeals for the Fifth Circuit electronically available with the Clerk. The remainder of the record is electronic and is available on PACER.

Reply of petitioners Food and Drug Administration, et al. filed. (Distributed)

Brief amicus curiae of New Civil Liberties Alliance filed. (Distributed)

Brief amici curiae of Foreign Ends Manufacturers, et al. filed. (Distributed)

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

Brief amicus curiae of American Center for Law and Justice filed. (Distributed)

Brief amicus curiae of Atlantic Legal Foundation filed. (Distributed)

Brief of R.J. Reynolds Vapor Co., et al. not accepted for filing. (Corrected version to be filed)

Brief of respondents R.J. Reynolds Vapor Co., et al. filed. (Corrected version 12/18/24 -- Distributed)

Brief amicus curiae of Vaping Industry Stakeholders filed. (Dec. 27, 2024) (Distributed)

CIRCULATED

Motion to extend the time to file respondents' brief on the merits granted and the time is extended to and including December 16, 2024.

Brief amicus curiae of Chamber of Commerce of the United States of America supporting neither party filed.

Motion for an extension of time to file respondents' brief on the merits filed.

Brief amici curiae of Public Health, et al. filed.

Motion to dispense with printing the joint appendix filed by petitioners GRANTED.

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

Brief of petitioners Food and Drug Administration, et al. filed.

Motion to dispense with printing the joint appendix filed by petitioners Food and Drug Administration, et al.

SET FOR ARGUMENT on Tuesday, January 21, 2025.

Petition GRANTED.

Reply of petitioners Food and Drug Administration, et al. filed. (Distributed)

DISTRIBUTED for Conference of 9/30/2024.

Brief of respondents R.J. Reynolds Vapor Co., et al. in opposition filed.

Motion to extend the time to file a response is granted and the time is extended to and including July 3, 2024.

Motion to extend the time to file a response from June 3, 2024 to July 3, 2024, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due June 3, 2024)

Parties

Food and Drug Administration, et al., Petitioner, represented by D. John Sauer

R.J. Reynolds Vapor Co., et al., Respondent, represented by Noel John Francisco

R.J. Reynolds Vapor Co., et al., Respondent, represented by Ryan Jeffrey Watson

Amici Curiae

American Center for Law and Justice, Amicus Curiae, represented by Jordan Adam Sekulow

Atlantic Legal Foundation, Amicus Curiae, represented by Lawrence S. Ebner

Chamber of Commerce of the United States of America, Amicus Curiae, represented by Christopher George Michel

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

Foreign Ends Manufacturers and Domestic Resellers of Their Products, Amicus Curiae, represented by Eric N. Heyer

New Civil Liberties Alliance, Amicus Curiae, represented by Andrew Joseph Morris

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

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

 
Last updated: April 18, 2026