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Food and Drug Administration v. Wages and White Lion Investments, LLC

Docket No. Op. Below Argument Opinion Vote Author Term
23-1038 5th Cir. Dec 2, 2024 Apr 2, 2025 9-0 Alito OT 2024

Holding: The U.S. Court of Appeals for the 5th Circuit erred in setting aside as arbitrary and capricious the FDA"s orders denying respondents" applications for authorization to market new e-cigarette products pursuant to The Family Smoking Prevention and Tobacco Control Act of 2009; the 5th Circuit also relied on an incorrect standard to reject the FDA"s claim of harmless error regarding the agency"s failure to consider marketing plans submitted by respondents.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Alito on April 2, 2025. Justice Sotomayor filed a concurring opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
03/19/2024Petition for a writ of certiorari filed. (Response due April 18, 2024)
04/04/2024Motion to extend the time to file a response from April 18, 2024 to May 17, 2024, submitted to The Clerk.
04/05/2024Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2024.
04/18/2024Brief amici curiae of Public Health, Medical, and Community Groups filed.
04/18/2024Brief amicus curiae of Logic Technology Development LLC filed.
05/15/2024Brief amici curiae of Vaping Industry Stakeholders filed.
05/17/2024Brief of respondents Wages and White Lion Investments, L.L.C., dba Triton Distribution, et al. in opposition filed.
06/04/2024DISTRIBUTED for Conference of 6/20/2024.
06/04/2024Reply of petitioner Food and Drug Administration filed. (Distributed)
06/28/2024DISTRIBUTED for Conference of 7/1/2024.
07/02/2024Petition GRANTED.
07/23/2024Motion for an extension of time to file the briefs on the merits filed.
07/24/2024Motion 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.
08/26/2024Brief of petitioner Food and Drug Administration filed.
08/26/2024Joint appendix filed. (Statement of cost filed)
08/30/2024Brief amici curiae of Public Health, Medical, and Community Groups filed.
09/03/2024Brief amicus curiae of Global Action to End Smoking, Inc. in support of neither party filed.
09/03/2024Brief amici curiae of Sixteen Members of Congress filed.
09/03/2024Brief amici curiae of Massachusetts, et al. filed.
10/07/2024Brief of respondents Wages and White Lion Investments, L.L.C., dba Triton Distribution, et al. filed.
10/08/2024Brief amici curiae of Vaping Industry Stakeholders filed.
10/10/2024Brief amicus curiae of Washington Legal Foundation filed.
10/15/2024Brief amicus curiae of Coalition of Manufacturers of Smoking Alternatives filed.
10/15/2024Brief amici curiae of Thirteen Members of Congress, et al. filed.
10/15/2024Brief amicus curiae of Logic Technology Development LLC filed.
10/15/2024Brief amici curiae of Electronic Nicotine Delivery System Trade Associations, et al. filed.
10/15/2024Brief amicus curiae of Taxpayers Protection Alliance filed.
10/15/2024Brief amici curiae of R.J. Reynolds Vapor Company, et al. filed.
10/15/2024Brief amicus curiae of Vapor Technology Association filed.
10/15/2024Brief amicus curiae of Goldwater Institute filed.
10/18/2024SET FOR ARGUMENT on Monday, December 2, 2024.
10/21/2024Record requested from the United States Court of Appeals for the Fifth Circuit.
10/22/2024CIRCULATED
11/06/2024Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
11/06/2024Reply of petitioner Food and Drug Administration filed. (Distributed)
12/02/2024Argued. For petitioner: Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Eric N. Heyer, Washington, D. C.
04/02/2025Judgment VACATED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion.