Supreme Court Rules for Vaping Industry in Dispute Over Where Product Denials May Be Challenged

The Fifth Circuit previously agreed to hear the challenges even though R.J. Reynolds Vapor Co. is headquartered outside its geographical boundaries.

The Authority of Law statue at the Supreme Court in Washington on May 19, 2025. Madalina Vasiliu/The Epoch Times

The U.S. Supreme Court on June 20 ruled 7–2 that retailers wanting to sell a new tobacco product may seek judicial review when the Food and Drug Administration denies approval of the product.

The global vaping market was valued at $28 billion in 2023. Vaping advocates say the devices, which simulate cigarette smoking, assist smokers in quitting smoking cigarettes. Critics say the products, especially flavored varieties, run the risk of addicting young people to nicotine.