The FDA criticized R.J. Reynolds’ approach as forum shopping, asserting the Fifth Circuit’s venue decision undermines the act’s intent and the D.C. Circuit’s nationwide authority in tobacco cases. The agency further noted that allowing such venue tactics gives large manufacturers an unfair advantage over smaller firms.
Representatives for R.J. Reynolds and the retailers were unavailable for comment.
The case is Food and Drug Administration et al. v. R.J. Reynolds Vapor Co. et al., case number 23-1187, in the U.S. Supreme Court.
