FDA v. Wages and White Lion Investments, L.L.C.

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FDA v. Wages and White Lion Investments, L.L.C.
Seal of the United States Supreme Court.svg
Full case nameFood and Drug Administration v. Wages and White Lion Investments, L.L.C., dba Triton Distribution, et al.
Docket no. 23-1038
Case history
PriorStay pending review granted, 16 F.4th 1130 (5th Cir. 2021); petitions for review denied, 41 F.4th 427 (5th Cir. 2022); FDA denial orders set aside, 90 F.4th 357 (5th Cir. 2024) (en banc); cert. granted (July 2, 2024)
Questions presented
Whether the court of appeals erred in setting aside FDA's denial orders as arbitrary and capricious.

FDA v. Wages and White Lion Investments, L.L.C. is a pending United States Supreme Court case about the Food and Drug Administration's denial of approval for flavored vape products.

The court will review the FDA's actions for whether they were arbitrary and capricious under the Administrative Procedure Act (APA). [1]

Background

Two makers of e-cigarette liquids, Wages and White Lion Investments (doing business as Triton Distribution) and Vapetasia, applied to the FDA in 2020 for authorization of e-liquid flavors such as "Suicide Bunny Mother's Milk and Cookies" and "Iced Pineapple Express". [2] The FDA denied approval, explaining that the companies had not shown that the flavors' potential benefit to adult smokers would outweigh the risk to youth. [3]

The FDA's decisions were reviewed by the U.S. Court of Appeals for the Fifth Circuit. In January 2024, the full 5th Circuit voted 10–6 in favor of the companies, setting aside the denial orders. The FDA petitioned to the Supreme Court, which agreed to hear the case. [3] [1] The case is expected to be argued and decided between October 2024 and June 2025. [2]

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POM Wonderful, LLC is a private company which sells an eponymous brand of beverages and fruit extracts. It was founded in 2002 by the billionaire industrial agriculture couple Stewart and Lynda Rae Resnick. Through The Wonderful Company, their holding company, they are also affiliated with Teleflora, FIJI Water, pesticide manufacturer Suterra, and Paramount Agribusiness.

Heckler v. Chaney, 470 U.S. 821 (1985), is a decision of the Supreme Court of the United States which held that a federal agency's decision to not take an enforcement action is presumptively unreviewable by the courts under section 701(a)(2) of the Administrative Procedure Act (APA). The case arose out of a group of death row inmates' petition to the Food and Drug Administration (FDA), seeking to have the agency thwart the state governments' plans to execute the inmates by lethal injection. The FDA declined to interfere, a decision the inmates appealed unsuccessfully to the District Court for the District of Columbia. On further review, the D.C. Circuit Court of Appeals held that the FDA's action was reviewable and that its denial was "arbitrary and capricious". The Supreme Court unanimously reversed the appeals court and declared in an 8–1 decision that agency nonenforcement decisions were presumptively unreviewable.

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References

  1. 1 2 "US Supreme Court to hear fight over FDA denial of flavored vape products". Reuters. July 2, 2024.
  2. 1 2 "Supreme Court to weigh FDA's refusal to approve flavored vapes". NBC News. July 2, 2024.
  3. 1 2 "Supreme Court to hear case involving FDA denial of flavored vape products". The Hill. July 2, 2024.