Courthouse Steps Decision: FDA v. Wages and White Lion Investments, L.L.C.

Under the Family Smoking Prevention and Tobacco Control Act, the FDA must approve new tobacco products. Wages and White Lion Investments (dba Trion Distribution) and Vapetasia manufacture and sell flavored nicotine-containing liquids for use in refillable e-cigarette systems. They applied for FDA approval in 2020; about ten months later, the FDA announced new requirements for approval and, based on those requirements, denied the applications citing the deficiency. The manufacturers challenged the denial and the Fifth Circuit, sitting en banc, found the FDA's actions were arbitrary and capricious. SCOTUS heard oral argument on Monday, December 2, 2024.

On April 2, 2025, the Court issued a decision vacating the Fifth Circuit in a 9-0 opinion written by Justice Alito. Justice Sotomayor wrote a concurring opinion.

Join us for a Courthouse Steps Decision panel discussion, where a group of experts will discuss this important case and its potential effects not just for regulated parties but in the broader administrative law space.

Featuring:

• Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law and Director, Coleman P. Burke Center for Environmental Law, Case Western Reserve University School of Law
• Prof. Kristin E. Hickman, Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law, University of Minnesota Law School
• Prof. Richard J. Pierce, Jr., Lyle T. Alverson Professor of Law, George Washington University Law School
• (Moderator) Eli Nachmany, Associate, Covington & Burling LLP

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.