FDA Granted Supreme Court Review in Tobacco Suit Venue Challenge

The FDA convinced the US Supreme Court to consider a case over whether an electronic cigarette manufacturer may seek review in a circuit where the company is not based.

The justices agreed Friday to hear the Food and Drug Administration’s request contesting a lower court ruling that said R.J. Reynolds Vapor Co. may seek judicial review for its challenge against the FDA’s rule regulating e-cigarettes in the circuit so long as it is joined by an in-circuit retailer.

After the FDA denied marketing authorization for R.J. Reynolds’ flavored vapes, the manufacturers challenged the agency’s denial and filed a petition for ...