‘s case defending the rejection of two companies seeking to sell flavored vaping products. The new case is more technical and surrounds a Biden administration challenge to a controversial legal maneuver it claims has given the tobacco and vape industry a tool to fight regulations in more sympathetic federal courtroom venues.
The case focuses on the U.S. Court of Appeals for the 5th Circuit, one of the most conservative in the nation, which has become a more attractive venue for vape and tobacco industry giants seeking to contest regulations under the Biden administration. “This Court should grant review to put a stop to that practice,” U.S. Solicitor General Elizabeth Prelogar wrote in court filings, signaling a direct feud with the looser restrictions under the 5th Circuit.
Case Western Reserve University Law School professor Jonathan Adler described the case as one that “could curtail forum shopping in administrative law cases.”grants a case that could curtail forum shopping in administrative law cases. In FDA v. Reynolds Vapor government seeks limit on ability of manufacturers to forum shop by having retailers join the case.