SCOTUS conservatives side 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.
The 5th Circuit has been more friendly to the industry, but the company still may face a tough road ahead, as the justices earlier this term rebuked the 5th Circuit’s approach in a similar case.
Two of the court’s liberal justices, Ketanji Brown Jackson and Sonia Sotomayor, dissented from Friday’s decision.
https://www.yahoo.com/news/supreme-court-sides-vaping-industry-142101605.html
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