Supreme Court to hear major vaping industry-related case

It was announced this week that the U.S. Supreme Court is set to hear what could be a major decision one way or another for Big Tobacco -- or specifically, Big Vaping.

According to The Epoch Times, the high court has agreed to take on a case "about flavored vaping products and alleged forum shopping by a manufacturer of such products on Jan. 21, 2025."

The "forum shopping" was allegedly conducted by Reynolds Vapor Co., which was accused of seeking a more favorable judicial venue after some of the flavored vape products were banned.

The Food and Drug Administration (FDA) banned some of its vaping products, marked under the brand name "Vuse," which led to the giant tobacco company going on a search for a more sympathetic court.

Even though the vaping company is located in North Carolina within the geographical boundaries of the U.S. Court of Appeals for the Fourth Circuit, the company brought its appeals case to the U.S. Court of Appeals for the Fifth Circuit.

The Fifth Circuit is known as a more sympathetic court as far as vaping issues are concerned, which is clearly what Reynolds Vapor Co. was seeking in an attempt to increase its chances of appealing the FDA's ban of some of its products.

The outlet noted:

The Fifth Circuit, which issued an order allowing the products to continue to be marketed while the case remains pending, is perceived to be sympathetic to the vaping industry. That court allows challenges to FDA product denials to be filed with it even if the manufacturer isn’t headquartered within the geographical boundaries of the circuit.

The U.S. government accused the vaping giant of "judicial forum shopping," leading to yet another legal battle.

Months ago, U.S. Solicitor General Elizabeth Prelogar argued that the high court should hear the case "to put a stop to that practice," referring to the accusations of "forum shopping."

"The Fifth Circuit’s decision permits retail sellers of a tobacco product who have no right of judicial review under the Act to nevertheless gain review; effectively nullifies the Act’s limits on venue; facilitates blatant forum shopping; and undermines the precedents of other circuits," Prelogar said at the time.

For its part, Reynolds argued that the law allowed them to submit their appeal in the Fifth Circuit, which temporarily worked in the company's favor.

The outlet added:

The Fifth Circuit ruled against the FDA in February, finding that because sellers of the products within the boundaries of the circuit were added as parties to the lawsuit, the case could be heard in that court.

However, the company clearly didn't want SCOTUS to take up the case and filed a petition urging the high court to turn it down.

Only time will tell what the Supreme Court ultimately decides.